Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698940547132.pdf (South Africa)
Friday, 18 November 2022] No 184—2022] FOURTH SESSION, SIXTH PARLIAMENT PARLIAMENT OF THE REPUBLIC OF SOUTH AFRICA _____________________ ANNOUNCEMENTS, TABLINGS AND COMMITTEE REPORTS _____________________ FRIDAY, 18 NOVEMBER 2022 _____________________ TABLE OF CONTENTS COMMITTEE REPORTS National Assembly Police ................................................................................................................................ 2 1.

2.
2.

Women, Youth and Persons with Disabilities .................................................................. 9 Justice and Correctional Services ................................................................................... 11 3.

Justice and Correctional Services ................................................................................. 108 4.

Justice and Correctional Services ................................................................................. 131 5.
COMMITTEE REPORTS National Assembly 1 1.
REPORT OF THE PORTFOLIO COMMITTEE ON POLICE ON THE PROTECTION OF CONSTITUTIONAL DEMOCRACY AGAINST TERRORIST AND RELATED ACTIVITIES AMENDMENT BILL [B15 – 2022] (NATIONAL ASSEMBLY – SECTION 75), DATED 18 NOVEMBER 2022 The Portfolio Committee on Police (the Committee), having considered the Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill [B15 – 2022], referred to and classified by the Joint Tagging Mechanism (JTM) as a section 75 Bill, reports the Bill with amendments [B15A-2022].
1.

INTRODUCTION The Protection of Constitutional Democracy against Terrorist and Related Activities Amendment Bill [B15 – 2022] (“Bill”) was introduced to Parliament for processing on 19 July 2022 (ATC No.

105-2022] in terms of Joint Rule 159.

It is proposed that the Bill be dealt with in accordance with the procedure outlined in section 75 of the Constitution as is does not affect provinces or amend the Constitution (section 74).
The State Law Adviser indicated that it is not necessary to refer the Bill to the National House of Traditional and Khoi-San Leaders.

2.

PURPOSE OF THE POCDATARA BILL In summary, the proposals in the Bill aims to: 1) Amend certain definitions in the principal Act.

2) Insert some new offences related to maritime and aviation security.

3) Address the problem of foreign terrorist fighters.
4) Shift the responsibility for the publication of United Nations Security Council Resolutions in a notice in the Gazette.

During a compliance visit by United Nations Counter-Terrorism Executive Directorate (UNCTED) to South Africa in 2018, the need to make provision in respect of Foreign Terrorist Fighters in the principal Act was expressed by the UNCTED.
This included: • The disparity between the sentencing regime in terms of which a more severe penalty may be imposed in respect of money laundering as opposed to terrorist financing; • The lack of any reference to administrative sanctions for violating asset-freezing orders issued pursuant to section 23; and • Clarification of the applicability of the aut dedere aut judicare principle with respect to all terrorism-related offences, particularly those contained in the principal Act.
Particular provisions have been inserted to cater for foreign terrorist fighters, to address the sentencing of the financing of terrorism, and the extension of the Extradition Act, 1962 (Act No.

67 of 1962), as required by the report of the UNCTED.

In addition to the UNCTED, the POCDATARA Bill addresses the findings made by the 2019 mutual evaluation conducted by the Financial Action Task Force (FATF) of its Anti-Money Laundering and Combating of the Financing of Terrorism (AML/CFT) system.
South Africa rated poorly in the Mutual Evaluation Report (MER) published in October 2021 in that it: • Failed in 20 of the 40 FATF core standards/recommendations (Technical Compliance) 1 2 • Failed in all 11 effectiveness measures (Immediate Outcomes), scoring moderate and low effectiveness To address the technical compliance deficiencies, the POCDATARA Bill and General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Bill, 2022 (B18- 2022) were submitted to Parliament for processing.
The POCDATARA Bill addresses two deficiencies (Recommendations 5 and 6) and is a fundamental component to avoid being grey listed and it is critical to address technical compliance deficiencies (updating of legislation) and effectiveness of system to address risk of money-laundering.

The deficiencies relate largely to Terrorist Financing (TF), sanctions related to terrorism and TF, freezing orders and the publication of notices by the UN Security Council.

3.
3.

MEETINGS OF THE COMMITTEE The Portfolio Committee on Police had 10 scheduled meetings on the POCDATARA Bill, held on: • 31 August 2022; • 07, 14, 21 and 28 September 2022; • 26 October 2022; and • 02, 11 16 and 18 November 2022.

4.
AMENDED CLAUSES OF THE BILL • CLAUSE 1 On page 3, after line 17, to insert the following definition: " ‘crypto asset’ means a digital representation of perceived value that can be traded or transferred electronically within a community of users of the internet who consider it as a medium of exchange, unit of account or store of value and use it for payment or investment purposes, but does not include a digital representation of a fiat currency or a security as defined in the Financial Markets Act, 2012 (Act No.
19 of 2012);".

On page 3, from line 39, to omit "by the Minister of Finance under section 26A(1) of the Financial Intelligence Centre Act, or in a notice given under" and to substitute with "referred to in" and in line 41, to omit "by the Director referred to in section 1".
On page 5, from line 20, to omit the definition of "property" and to substitute the following definition: " 'property' means any— (a) money [or any other]; (b) movable property[,]; (c) immovable property[,]; (d) corporeal thing [or]; (e) incorporeal thing[,]; or (f) crypto asset, and includes any rights, privileges, claims and securities and any interest therein and all proceeds thereof;".
2 3 On page 7, after line 33, to add the following paragraph: "(t) by the substitution for subsection (5) of the following subsection: '(5) Notwithstanding any provision in any other law, [and subject to subsection (4),] a political, philosophical, ideological, racial, ethnic, religious or any similar motive, shall not be considered for any reason, including for purposes of prosecution or extradition, to be a justifiable defence in respect of an offence of which the definition of terrorist activity forms an integral part.'
".

• CLAUSE 2 On page 8, from line 9, to omit "training includes, but is not limited to," and to substitute with "training, whether in person, online or in any other manner, includes".

On page 8, in line 23, after "she" to insert "provides or".

• CLAUSE 3 Clause deleted.


• CLAUSE 4 On page 9, from line 51, to omit "by the Minister of Finance, under section 26A(1) of the Financial Intelligence Centre Act, or" and from line 53, to omit "given by the Director of the Financial Intelligence Centre under" and to substitute with "referred to in".
On page 10, from line 13, to omit "by the Minister of Finance, under section 26A(1) of the Financial Intelligence Centre Act, or" and from line 15, to omit "given by the Director of the Financial Intelligence Centre under" and to substitute with "referred to in".
On page 10, from line 37, to omit "by the Minister of Finance, under section 26A(1) of the Financial Intelligence Centre Act, or" and from line 39, to omit "given by the Director of the Financial Intelligence Centre under" and to substitute with "referred to in".

• CLAUSE 17 On page 15, from line 38, to delete paragraph (d).

On page 15, in line 49, to omit "24B(12) or (13)" and to substitute with "24A(10) or (11)".
• CLAUSE 18 On page 16, from line 30, to omit "by the Minister of Finance, under section 26A(1) of the Financial Intelligence Centre Act, or" and from line 31, to omit "given by the Director of the Financial Intelligence Centre under" and to substitute with "referred to in".

• CLAUSE 20 On page 17, in line 36, to omit "sections 24A and 24B" and to substitute with "section 24A".

On page 17, from line 38, to omit section 24A.


3 4 On page 18, from line 1, to omit section 24B and to substitute the following section: "Order to take-down or disable access to terrorism publications (1) 24A.
A member of the Directorate, of or above the rank of Brigadier, may apply to a High Court, by way of an ex parte application to a judge in chambers, for the issuing of an order in terms of which an electronic communications service provider, whose electronic communications service is used to host a terrorism publication, is directed to take-down or disable access to such a publication.
An application referred to in subsection (1)— (2) must be in writing; must— (i) (ii) identify the applicant; identify the electronic communications service provider to whom the order is to be addressed; identify the electronic communications service of the electronic communications service provider that is used to host the terrorism publication; be accompanied by an electronic copy of the terrorism publication; provide a description of the terrorism publication which must, where the publication in question is in the form of a speech, text, video or other visual representation, include a printed copy of the relevant content that will be relied upon to motivate that the publication is a terrorism publication; indicate the reasons why the publication must be considered to be a terrorism publication; and contain full particulars of all the facts and circumstances alleged in support of the application; and (iii) (iv) (v) (vi) (vii) (a) (b) (c) may be accompanied by— (i) (ii) affidavits of persons who have knowledge of the matter concerned; or other information relevant to the application.
(3) The High Court must, as soon as reasonably possible, consider an application submitted to it in terms of subsection (1) and may, for that purpose, consider any such additional evidence it deems ﬁt, including oral evidence or evidence by affidavit, which must form part of the record of proceedings.
(4) If the High Court is satisﬁed that the electronic communications service of the electronic communications service provider is used to host a terrorism publication, the court may, subject to such conditions as the court may deem fit to impose, issue the order applied for in terms of subsection (1).
(5) An order issued under subsection (4) must— (a) (b) (c) identify the electronic communications service provider to whom the order must be addressed; identify the applicant; identify and describe the terrorism publication; 4 5 (d) (e) (f) (g) identify the electronic communications service of the electronic communications service provider that is used to host the terrorism publication; give reasons for the decision or finding of the court that the publication is a terrorism publication; order the electronic communications service provider to take-down or disable access to the terrorism publication within the period determined in the order from the date of service upon the electronic communications service provider; and specify any condition imposed by the court.
(a) (6) Except in a case where the High Court determines otherwise, an order under subsection (1) and a copy of the application contemplated in subsection (1) must be served upon an electronic communications service provider by a peace officer, as defined in section 1 of the Criminal Procedure Act, in accordance with the applicable rules of court.
(b) Where the High Court is satisfied that service cannot be effected in any manner referred to in paragraph (a), the court may make an order allowing service to be effected in a manner specified in such order.

(7) An electronic communications service provider may, within 14 calendar days after the order has been served, apply to the relevant High Court for the setting aside or amendment of the order referred to in subsection (4).
(8) The High Court must, as soon as is reasonably possible, consider an application submitted to it in terms of subsection (7) and may, for that purpose, consider such additional evidence as it deems ﬁt, including oral evidence or evidence by affidavit, which shall form part of the record of the proceedings.
(9) The High court may, for purposes of subsection (3) and (8), subpoena, or cause to be subpoenaed, any person as a witness at such proceedings, or to provide any book, document or object, if the evidence of that person, or book, document or object, appears to the court essential to the just decision of the case.
(10) Any person who is subpoenaed in terms of subsection (9) to attend proceedings and who fails to— attend or to remain in attendance; (a) appear at the place and on the date and at the time to which the (b) proceedings in question may be adjourned; remain in attendance at those proceedings as so adjourned; or produce any book, document or object speciﬁed in the subpoena, (c) (d) is guilty of an offence.
(11) Any electronic communications service provider who fails to comply with an order referred to in subsection (1), is guilty of an offence.

(12) The provisions in respect of appeal and review as provided for in the Superior Courts Act, 2013 (Act No.

10 of 2013), apply to proceedings in terms of this section.
(13) For purposes of this section— (a) "host a terrorism publication" means— 5 6 (i) (ii) to store a terrorism publication on the electronic communications network of an electronic communications service provider as part of providing an electronic communications service where it can be viewed, listened to, copied or downloaded; or to provide a link to the terrorism publication that has been stored on an electronic communication network of an electronic communications service provider, where it can be viewed, copied or downloaded; "take-down" means to delete or otherwise remove a terrorism publication stored on an electronic communications network; and "terrorism publication" means an electronic communication in the form of a speech, text, video or other visual representation that― (i) threatens the public or segments of the public with the conduct in paragraph (a) of the definition of "terrorist activity", or threatens the commission of an offence in sections 5, 6, 7, 8, 9 or 10; or incites others to commit the offences referred to in subparagraph (i).".
(b) (c) (ii) • CLAUSE 22 On page 19, from line 30, to omit "announced by the Minister of Finance under section 26A(1) of the Financial Intelligence Centre Act, or in a notice given by the Director of the Financial Intelligence Centre under" and to substitute with "referred to in".

• CLAUSE 24 On page 20, from line 43, to omit paragraph (a).

On page 21, in line 5 to omit "24A.

Application for decryption direction".

On page 21, in line 6, to omit "24B.


Order to disable access to internet or social media site" and to substitute with "24A.

Order to take-down or disable access to terrorism publications".

• SCHEDULE - On page 22, in line 39, to omit "3A,".

- On page 23, from line 9, to delete paragraph (c).

- On page 24, in line 4, to omit "or 3A".

- On page 24, in line 16, to omit "3A,".

- On page 24, in line 26, to omit "3A,".

- On page 25, in line 14, to omit "or 3A".

5.


PUBLIC PARTICIPATION PROCESS AND PUBLIC HEARINGS The initial call for public submissions was opened on 05 August 2022 and closed on 19 August 2022.

Parliament published the call for submissions in all official languages in national and regional newspapers.

After initial public hearings, the Committee extended the public 6 7 participation period to 18 October 2022.

In total, the Bill was open for public comment for 10 weeks.
The Portfolio Committee on Police received seven public submissions on the POCDATARA Bill, including the following: 1) Afriforum (Hurter Spies Attorneys made the submission on behalf of Afriforum).

2) The Banking Association South Africa (BASA); 3) The International Committee of the Red Cross (ICRC); 4) The Sussex Terrorism and Extremism Research Network (STERN); 5) Mr. C Nel; 6) Fish Hoek Valley Ratepayers and Residents Association; 7) Dear South Africa.
The campaign from Dear South Africa gathered 25, 652 comments; and 8) Freedom of Religion SA NPC (For SA).

An invitation was extended to all organisations and individuals that made a submission, but not all accepted.

On 07 September 2022, the Committee received oral presentations on the submissions from Afriforum, the ICRC and STERN.

On 14 September 2022, the Civilian Secretariat for Police Service responded to public submissions.
On 26 October 2022, the Committee received an oral presentation from Mr Rob Hutchinson representing Dear South Africa.

During this meeting, the Civilian Secretariat for Police Service also responded to comments made by the Fish Hoek Valley Ratepayers and Residents Association.

The Committee’s report on public hearings was published on 11 November 2022 (ATC No 180-2022) for notice in the National Assembly.

6.
6.

CONCLUSION Parliament’s Portfolio Committee on Police is satisfied with the positive and detailed discussions that took place during public hearings.

The Committee expresses its gratitude to the organisations and individuals that made submissions on the POCDATARA Bill and reiterates the importance of public participation when Parliament deals with legislation.

REPORT TO BE CONSIDERED.


7 8 [The following report replaces the Supplementary Report of the Portfolio Committee on Women, Youth and Persons with Disabilities, which was published on page 34 of the Annoucements, Tablings and Committee Reports, dated 15 November 2022] 2.
Supplementary Report of the Portfolio Committee on Women, Youth and Persons with Disabilities on filling of vacancies in the Commission for Gender Equality, dated 15 November 2022 The Portfolio Committee on Women, Youth and Persons with Disabilities (herein referred after as the Portfolio Committee), in fulfilling its mandate, identified and recommended suitable candidates to fill vacancies in the Commission for Gender Equality (CGE), as per the Commission for Gender Equality Act (No.
39 of 1996) and reports as follows.

1.

Introduction The Portfolio Committee wishes, with reference to its previous report, dated 26 October 2022, which was adopted by the National Assembly on 1 November 2022, to clarify certain matters contained therein.

The first category of commissioners have to fill the unexpired portion for part-time commissioners, while the other is for full-term commissioners, comprising a mixture of full-time and part-time commissioners.

2.
2.

Unexpired portion office terms (2 x Part Time Commissioners) i. Mr. Bongani Glenton Ngomane ii.

Ms. Leelambal (Prabashni) Subrayan Naidoo iii.

Ms. Sarah Charity Mokwebo iv.

Ms. Fundiswa Barbara Skweyiya-Gushu The Committee recommends that the President of the Republic immediately appoint two-part-time commissioners from the above list of candidates, as members of the Commission to complete the unexpired terms of office, which had been in existence since February and April 2022 respectively.
The unexpired portion refers to the remainder of the term of office in which the vacancies occurred which runs up to 31 July 2024.

1 9 3.

Full Term – Full-time and Part-time Commissioners i. Adv.

Olave Nthabiseng Sepanya-Mogale ii.

Adv.

Thando Gumede iii.

Ms. Leonashia Leigh-Ann van der Merwe iv.

Ms. Lindiwe Khonjelwayo v. Ms. Bernadine Bachar (person with a disability) vi.
Ms. Mulalo Nemataheni The Committee further recommends that the President appoint two candidates on a full-time basis and the other two candidates on a part-time basis for the vacancies that occurred from 31 October 2022.

In the event that a vacancy immediately arises due to resignation/ non-acceptance and or death, the President is advised to choose another candidate from the aforementioned lists.

Taking into consideration that former Commissioner, Adv.
Olave Nthabiseng Sepanya-Mogale, served as a part-time Commissioner, the Committee recommends that Adv.

Sepanya-Mogale be appointed as a full-time Commissioner so as to ensure continuity and preservation of institutional memory.

The Committee further recommends that Adv.

Sepanya-Mogale be considered for the position of the Chairperson of the Commission.

Report to be considered.

2 10 3.
The Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services on the Department of Justice and Constitutional Development, National Prosecuting Authority, Information Regulator, Legal Aid South Africa, Special Investigating Unit, South African Human Rights Commission and Public Protector, dated 18 November 2022 The Portfolio Committee on Justice and Correctional Services, having considered the financial and non-financial performance information for 2021/22 and the available quarterly financial and non- financial performance information for 2022/23 for the Department of Justice and Constitutional Development, National Prosecuting Authority, Information Regulator, Legal Aid South Africa, Special Investigating Unit, South African Human Rights Commission and Public Protector, reports as follows: 1 Introduction 1.1.
The Money Bills Procedure Amendment and Related Matters Act 9 of 2009, as amended, (the Money Bills Act) requires portfolio committees to compile Budgetary Review and Recommendation Reports (BRRR) each year.

1.2.
In particular, section 5(1) of the Money Bills Act provides that committees must make their assessment of the performance of national departments and institutions, with reference to the following: • The medium term estimates of expenditure of each national department, its strategic goals and measurable objectives, as tabled in the National Assembly with the national budget; • Prevailing strategic plans; • The expenditure reports or statements relating to a vote appropriating funds for such department; • The financial statements and annual report of such department; • The reports of the Standing Committee on Public Accounts relating to a department; and 1 11 • Any other information requested by or presented to a House or Parliament.
1.3.

Committees may make recommendations on the future allocation of resources, having assessed service delivery performance to date; evaluated the effective and efficient use of the resources already allocated; and considered the planned forward allocation of resources.

1.4.

The Committee was briefed by the: • Auditor-General South Africa on the audit outcomes for Vote 25: Justice and Constitutional Development on 12 October 2022.

• Legal Aid South Africa (Legal Aid SA) on 12 October 2022.
• Information Regulator on 12 October 2022.

• Minister of Justice and Correctional Services, who provided a political overview of Vote performance, on 13 October 2022.

• Department of Justice and Constitutional Development (the Department) on 14 October 2022.

• Special Investigating Unit (SIU) on 18 October 2022.

• South African Human Rights Commission (SAHRC) on 19 October 2022.

• Public Protector South Africa (PPSA) on 20 October 2022 • National Prosecuting Authority (NPA) on 25 October 2022.

1.5.
1.5.

Copies of all the presentations are available from the committee secretariat.

2 Mandate 2.1.

The Committee oversees the Department of Justice and Constitutional Development (the Department) and other entities and institutions that receive their allocation under the Justice and Constitutional Development Vote (Vote 25).

These include the Information Regulator, NPA, Legal Aid SA and SIU.
The Vote also contains the allocations to the SAHRC and PPSA, both established in Chapter 9 of the Constitution as State Institutions Supporting Constitutional Democracy.

2 12 2.2.

Vote 25 Justice and Constitutional Development contains five programmes.

The Department is directly responsible for the Administration, Court Services and State Legal Services programmes, as well as the Justice Modernisation sub-programme found under Programme 5: Auxiliary and Associated Services.

2.3.
2.3.

For 2021/22, funding for the Information Regulator was ring-fenced under Programme 3: State Legal Services but, as from 2022/23, the Regulator is listed under the Programme 5: Associated and Auxiliary Services, with other public entities and constitutional institutions, namely the SAHRC, PPSA, SIU and Legal Aid SA.

2.4.

The NPA appears under Programme 4 but reports to Parliament under both the Public Finance Management Act, 1999, and the National Prosecuting Authority Act, 1998.
Both reports have formed part of the Committee’s assessment of performance.

2.5.

Programme 5 contains allocations to various auxiliary and associated services, including transfer payments to Legal Aid SA, the SIU, the SAHRC and the PPSA.

3 Overview of key policy and operational developments 3.1.

Medium Term Strategic Framework (MTSF) 2019-2024, as revised 3.1.1.

The MTSF identifies seven priorities and related interventions.
Justice has specific responsibilities in respect of two priorities: namely Priority 1 ‘A capable, ethical and developmental state’ and Priority 6 ‘Social cohesion and safe communities’.

3.1.2.

In addition, the MTSF identifies a lack of access to resources and opportunity for Women, Youth and People with Disabilities as cutting across all sectors, requiring a variety of interventions, including legislative amendments.

3 13 3.1.3.
3 13 3.1.3.

Key interventions for which the Justice Department is responsible for the MTSF period include: • Instituting a programme to prevent and fight corruption in government, in partnership with anti-corruption agencies and non-state actors, to resolve reported incidents of corruption in the Government through disciplinary measures and criminal interventions.
• Coordinating engagements between the leadership of the executive, legislature and judiciary in order to develop and implement a social compact by 2024.

• Developing a system to ensure consistent barrier-free access to justice for persons with disabilities across the justice value chain.

• Coordinating the implementation of the National Action Plan (NAP) to Combat Racism, Racial Discrimination, Xenophobia and Related Intolerance.
• Establishing Specialised Commercial Crime Courts (SCCC’s) in all provinces.

• Ensuring an efficient, modernised and co-ordinated criminal justice system through integrated digital information systems.

3.2.

National Strategic Plan on Gender-Based Violence and Femicide (NSP on GBVF).
Pillar 3 of the NSP-GBVF provides for Justice, Safety and Protection and seeks to address the systemic challenges that have resulted in an inadequate response to the management of GBVF cases, particularly domestic violence, sexual offences, child homicide, human trafficking, and other related matters.

Departments are required to integrate related NSP- GBVF outcomes in their five-year strategic plans and annual performance plans.
For Justice this includes ensuring: • Infrastructural alterations to court buildings so that they are victim-friendly, disability friendly and child friendly.

• That court-based victim support services and witness protection are made available, particularly in rural areas.

• That quality legal aid support is readily accessible for women and LGBTQIA+ persons who cannot afford litigation.

• That information on GBV laws and policies and how these can assist is made widely available.
• That e-services are available to survivors to ensure quick access to justice.

4 14 • That information on cases is readily available for victims to access and track.

• That the backlog of GBVF cases is cleared.

• The effective implementation of GBV legislation with adequate resourcing and budget.

• The ongoing vetting of officials providing services to children and mentally disabled persons.

3.3.

Fiscal Policy 3.3.1.


Medium‐term fiscal policy has focused on reducing the budget deficit and stabilising the debt‐to‐GDP ratio.

Government has attempted to slow expenditure growth by reducing baseline budgets and setting ceilings on compensation spending.

Despite this, the gap between revenue and expenditure has widened, as much of the increased budget has been absorbed by rising public‐service salaries and debt‐service costs.

3.3.2.
3.3.2.

The 2021 Budget proposed to reduce expenditure over the MTEF period by R264.9 billion, or 4.6% of GDP.

Most of the proposed adjustments were to the public sector wage bill.

3.3.3.

The 2022 Budget responds directly to the effects of the Covid-19 pandemic while aiming to grow the economy.
The allocation to functions that employ large numbers of staff, such as Peace and Security, (continue to) decline in real terms over the MTEF due to compensation ceilings and baseline reductions to fund the Covid-19 spending response in 2021/22.

3.3.4.

Notably spending on Peace and Security has declined on average by -8.5% between 2012/13 and 2021/22 and will continue to decrease over the 2022 MTEF by -3.1%.

3.3.5.
3.3.5.

Approximately 23% of the overall allocation for Peace and Security goes to ‘Law courts and prisons’.

Specifically, the Justice and Constitutional Development Vote receives 10.14% of the overall allocation to the function (including magistrates’ salaries).

5 15 3.3.6.

Over the next three years, this function will focus on intensifying the fight against crime and corruption, and implementing personnel reforms to contain departmental compensation within the expenditure ceiling.

3.3.7.
3.3.7.

A total of R36 million is reprioritised in 2022/23 to invest in information and communication technology in the Office of the Chief Justice, NPA’s Investigating Directorate, PPSA, SAHRC and Financial Intelligence Centre.

3.3.8.
3.3.8.

Over the medium term, R426 million is allocated to the Investigating Directorate in the National Prosecuting Authority and the Financial Intelligence Centre to intensify the fight against corruption and ensure sufficient capacity for the investigation and prosecution of criminal cases emanating from the State Capture Commission.
This allocation – of which R262.1 million is from reprioritisation within the function – will provide for the permanent appointment of an estimated 90 staff in the Investigating Directorate and 68 staff in the Financial Intelligence Centre.

3.3.9.

An amount of R34.3 million is reprioritised to Legal Aid SA over the MTEF period to capacitate the six newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and the Northern Cape.

4 Overview of audit outcomes 2021/22 4.1.


The Guardian’s Fund; President’s Fund; Justice Administration Fund; Legal Aid SA; PPSA; and SIU sustained an unqualified with no findings or ‘clean’ audit opinion for 2021/22.

4.2.

The Department received a repeat qualified audit opinion on contingent liabilities, with material findings on compliance and on performance information.

4.3.

The SAHRC once more received an unqualified audit opinion, with material findings on compliance and performance information.
6 16 4.4.

Irregular expenditure 2021/22 4.4.1.

The following irregular expenditure was identified: Table 1: Irregular expenditure incurred 2021/22 AUDITEE DESCRIPTION AMOUNT CAUSE IMPACT Department Bids which did R859 million Bidders Evaluation not comply with the stipulated qualifying criteria were not disqualified.

submitted fabricated committee did not identify the documents.

discrepancies in the submitted records.


SAHRC Evaluation and R10.7 million Non-adherence Investigations are to policies and yet to be not procedures.

conducted.

adjudication criteria applied consistently.

4.4.2.
4.4.2.

The Auditor-General also reported that the Department’s investigation of irregular expenditure is not yet complete, specifically: • For 2021/22, the Department reported instances of irregular expenditure of R49.7 million that is under investigation relating to procurement processes not followed and renewal of contracts without obtaining necessary approvals.

• In addition, possible irregular expenditure for 2020/21, amounting to R999 million is being investigated.

4.4.3.
4.4.3.

Commitments proposed to the Committee.

The Auditor-General proposes that the Committee make the following commitments to strengthen the effectiveness of its oversight function: 7 17 Table 2: Table of proposed Committee commitments INSTITUTION PROPOSED COMMITMENT Department Monitor the implementation of record keeping management in the State Attorney’s office, that is the development of a consolidated state litigations’ register.
Monitor the progress of the implementation of the strategy for reducing state litigations.

Obtain regular feedback from the Department on the action plan to address the findings on the contingent liabilities and performance management issues.

SAHRC Monitor the vacancies at the SAHRC, especially in key positions such as the that of the CFO.
PPSA Obtain quarterly updates on the implementation of remedial actions, which the Committee could share with relevant committees for monitoring and follow-ups on implementation.

SIU Share the details of long outstanding debts at the SIU with relevant committees so that these committees also follow-up on non-payment.

4.5.

Further details of the Auditor-General’s findings are contained under the relevant institution.
5 Budgetary Review and Recommendation Report (BRRR) (2021) and Minister of Finance’s response to Parliament 5.1.

In the Budgetary Review and Recommendation Report (BRRR) (December 2021), the Committee expressed concern that the reduced salaries’ budget will affect the overall effectiveness of the legal system, which relies heavily on warm bodies to deliver a wide range of services.
The Committee was especially concerned that a reduced staff establishment would undermine the work needed to create a transformed and responsive justice system.

8 18 5.2.
8 18 5.2.

Specifically, the Committee did not support budget reductions in the case of the NPA, Legal Aid SA, and the SIU; and also recommended that additional funding be allocated to the NPA, for the Independent Directorate and for Witness Protection; the Information Regulator, for capacity and to fund its responsibilities in terms of PAIA; and Legal Aid SA for land matters; as well as to the PPSA and SAHRC.

5.3.
5.3.

The Committee also observed that an appropriate funding model for the Chapter 9 institutions is necessary.

5.4.

The Minister of Finance responded to the recommendations as follows: “The baseline budgets for justice‐related institutions are not reduced in the 2022 Budget.
Additional funding has been allocated through reprioritisation ... Funds will also be transferred to Legal Aid South Africa, in line with current budget processes, to enable the entity to provide the specified legal services upon receipt of a formal request to facilitate such a transfer from the institutions involved.

No additional funding is allocated to the Information Regulator, although R105 million was provided in the 2021 Budget to enable it to grow and meet its legislative mandate”.

5.5.
5.5.

Details of the reprioritised funds referred to by the Minister of Finance in his response include: • A total of R36 million, in 2022/23, to invest in ICT in institutions that include the Investigating Directorate, PPSA and SAHRC.

• A total of R426 million over the medium term to intensify the fight against corruption and ensure sufficient capacity for the investigation and prosecution of criminal cases emanating from the State Capture Commission.
Among others, this will allow the Independent Directorate to appoint an estimated 90 staff members in a permanent capacity.

• An amount of R34.3 million is reprioritised to Legal Aid SA over the MTEF period to capacitate the six newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and the Northern Cape.

9 19 6 Financial performance 6.1 Vote expenditure 2021/22 6.1.1.
The Vote was allocated R21.9 billion for 2021/22, compared with R21.1 billion in 2020/21, inclusive of Magistrates’ salaries.

The allocation to programmes was R19.5 billion.

6.1.2.

The final Vote expenditure for 2021/22 was R21.3 billion or 97% of the final appropriation, compared with R20.03 billion or 94.9% of the final appropriation in 2020/21.

6.1.3.

Programme expenditure for 2021/22 was R19.1 billion or 98% of the final appropriation of R19.5 billion (compared with 95.8% in 2020/21).
Table 3: Vote 25 Justice and Constitutional Development – Final Allocation vs Actual Expenditure 2021/22 (with a comparison to 2020/21) PROGRAMME FINAL ALLOCATION V ACTUAL EXPENDITURE (R’000) 2021/22 2020/21 FINAL ACTUAL % FINAL ACTUAL Administration Court Services 2 985.6 6 751.6 State Legal 1 457.0 2 754.7 6 680.2 1 372.8 % 92 99 94 2 920.7 6 373.3 1 454.8 Services NPA 4 691.2 Auxiliary and 3 623.3 4 690.9 3 601.6 100 99 4 300.8 3 616.7 2 704.7 6 204.6 1 374.7 4 196.9 3 404.6 92.6 97.4 94.5 97.6 94.1 Associated Services Sub -Total 19 508.7 19 100.3 98 18 666.3 17 885.6 95.8 10 20 PROGRAMME FINAL ALLOCATION V ACTUAL EXPENDITURE (R’000) 2021/22 2020/21 FINAL ACTUAL Magistrates’ 2 396.5 2 174.5 % 91 FINAL ACTUAL % 2 442.6 2 146.8 87.9 Salaries TOTAL 21 905.2 21 274.7 97 21 108.7 20 032.2 94.9 6.1.4.
Reported key cost drivers in 2021/22 include: • Compensation of employees.

R12.21 billion (96.8% expenditure with under- expenditure of R558.43 million).

(In 2020/21, there was expenditure of R11.52 billion, with under-expenditure of R591 million).

• Goods and Services.

R4.79 billion (95.6% expenditure with under-expenditure of R21.7 million).

(In 2020/21, expenditure of R4.61 billion with under-expenditure of R375.72 million).

• Property payments.

R1.32 billion (R1.38 billion in 2020/21.)


• Operating leases.

R930.79 million (R944.23 million in 2020/21.)

• Buildings.

R609.2 million (R290.58 million in 2020/21.)

6.1.5.

In respect of specific line items, the following was spent: • R128 million on contractors, comprising of day-to-day maintenance and repairs (R72.7 million), security services (R24.2 million), forensic investigators (R19 million) and curator fees (NPA - R3.3 million).
• R857.8 million on computer services, comprising of R464.5 on SITA’ computer services and R393.3 million on external computer service providers.

• Expenditure on Covid-19 protective personal equipment: R16.81 million.

6.1.6.

The most significant under-expenditure occurred as follows: • Administration programme - 92% of the budget was spent, with an under-expenditure of R230.8 million.

11 21 • State Legal Services programme - 94% of the budget spent with an under-expenditure of R84.1 million.
• Magistrates salaries - 91% of the budget was spent, with an under-expenditure of R221.9 million.

6.1.7.

The underspending is attributed to: • Vacant posts across all programmes, magistrates’ salaries and lower than anticipated payment of performance bonuses.
• Less than anticipated expenditure on private leases and municipal services and delays in awarding the procurement of ICT licenses (Citrix and Trend) and ICT Services (ICT Central Support, Service Desk and Security Support Services), as well as the underperformance of the IJS/CJS (Transversal).

• Lower than anticipated payments for leave gratuity resulting from natural attrition for magistrates.
• Slow progress by the Department of Public Works and Infrastructure (DPWI) in implementing planned court infrastructure projects.

6.2 Vote allocation 2022/23 6.2.1.

The overall allocation to the Justice and Constitutional Development Vote (Vote 25) for 2022/23, including the Direct Transfer for Magistrate’s salaries, is R22.4 billion (compared with the final allocation of R21.9 billion in 2021/22).

The allocation to the Vote decreases in real terms by -2.06% compared with 2021/22.

6.2.2.
6.2.2.

The total allocation for programmes, excluding the direct charge for magistrates’ salaries, is R20.0 billion.

This allocation decreases in real terms by -1.79% from 2021/22.

6.2.3.

The three Justice administered programmes (Administration, Court Services and State Legal Services), as well as the Justice Modernisation sub-programme under Programme 5, are allocated R11.9 billion for 2022/23.
12 22 Table 4: Vote 25 - Justice and Constitutional Development – Allocation for the 2022 MTEF per programme Programme (R ‘million) Budget 2022 MTEF % Total Real % 2021/22 2022/23 2023/24 2024/25 expenditure change 2021/22- 2022/23 2024/25 Administration 3 140.7 2 988.9 3 059.4 3 200.5 13.8% -8.9% Court Services 6 767.4 6 809.6 6 516.0 6 808.0 State Legal Services 1 330.8 1 322.7 1 303.3 1 362.0 30% 5.9% -3.71% -4.89% National Prosecuting 4 535.6 4 910.3 4 870.9 5 089.6 21.6% 3.6% Authority Auxiliary and 3 734.2 3 990.4 4 052.7 4 232.2 17.8% 2.26% Associated Services TOTAL 19 508.7 20 021.9 19 802.2 20 692.4 Magistrates’ Salaries 2 396.5 2 398.5 2 408.7 2 516.9 TOTAL 21 905.2 22 420.5 22 211.0 23 209.3 89.2% 10.8% 100% -1.79% -4.23% -2.06% Change to 2021 358.9 607.5 259.9 272.3 - - Budget estimate 6.3 Vote expenditure for Quarter 1 2022/23 6.3.1.
Inclusive of direct charges, at the end of June 2022, R3.7 billion (or 16.4%) of the available budget of R22.4 billion had been spent.

This spending is lower by R1.6 billion when compared with the projection to spend R5.3 billion, and is mainly due to lower than planned spending on goods and services and payments for capital assets under the Administration and Court Services programmes.
The underspending is attributed to a payment rejection encountered on the Basic Accounting System (BAS) when processing invoices for private leases in June 2022, and underperformance by the DPWI on courts infrastructure projects, respectively.

13 23 6.3.2.
13 23 6.3.2.

Programme 1: Administration: Expenditure under this programme is lower by R1.5 billion, mainly on goods and services, due to challenges experienced by the Department in the processing of invoices for private leases, which resulted in a negative expenditure.

The Department is in the process of rectifying the payment error.

6.3.3.
6.3.3.

Programme 2: Court Services: Expenditure under this programme is lower by R84.6 million, mainly on goods and services and payments for capital assets (buildings and other fixed structures).

The slow spending is attributed primarily due to lower than anticipated expenditure on security services, late receipt of invoices for the virtual library, and lower than anticipated expenditure on court infrastructure projects implemented by the DPWI.

6.3.4.
6.3.4.

Programme 3: State Legal Services: Expenditure on this programme is higher than planned by R27.1 million, mainly on goods and services under the Litigation and Legal Services subprogramme, due to an accrual invoice from the previous financial year being processed in this financial year for the Legal Practice Council.

Plans are underway to address the budget shortfall in the 2022 Adjustments Budget.

6.3.5.
6.3.5.

Programme 4: National Prosecuting Authority: Expenditure under this programme is lower by R24 million, mainly on goods and services under the Investigating Directorate subprogramme, due to delays in receipt of invoices for operating leases, training, and forensic investigations and equipment.

6.3.6.
6.3.6.

Programme 5: Auxiliary and Associated Services: Expenditure under this programme is lower by R16.8 million, mainly on goods and services, due to delayed acquisition of tools of trade by the Information Regulator and underperformance by the IJS programme.

7 Department of Justice and Constitutional Development 7.1 The Department’s strategic focus is as follows: • Modernising and increasing access to justice services.
• Building and deepening constitutionalism, respect for human rights and rule of law.

14 24 • Reviewing justice-related colonial and apartheid-era legislation with the aim of aligning this legislation with the Constitution of the Republic of South Africa, 1996 (Constitution).

• Implementing the National Action Plan to combat Racism, Racial Discrimination, Xenophobia and Related Intolerance in order to advance constitutionalism, human rights and the rule of law.
• Addressing the scourge of gender-based violence and femicide (GBVF) and violence against women and children.

• Transforming state legal services to improve effectiveness and efficiency through the implementation of the State Attorney Amendment Act, 2014 (Act No.13 of 2014).

• Transforming the legal profession.

• Providing facilities (offices/courts/service points) that are accessible to persons with disabilities as required by building regulations.
• Implementing an integrated education campaign that will profile justice services through the use of variety of multimedia communication mediums to improve citizens experience of justice services.

• Improving audit outcomes in respect of the vote account and pre-determined objectives.

• Improving the departmental performance.


• Strengthening the fight against fraud and corruption, by ensuring that the Specialised Commercial Crime Courts (SCCCs) are extended to all provinces in the country which do not yet have a SCCC.

• Transforming Master’s services to allow effective and optimal operation.

7.2 Identified priorities for 2021/22 were as follows: • A series of programmes would take place to commemorate the 25th anniversary of the Constitution to mark this milestone.
• The filling of critical vacancies at the very highest level, with more to follow.

15 25 • The turnaround of Justice College would allow for better capacitated justice officials through training and, in addition, position Justice College as a service provider to other departments and the continent.

• The Department would invest in integration and modernisation programmes through the use of technology.
Also, more effort would be directed towards the Integrated Justice System (IJS), as part of accelerating the digitisation and modernisation of the justice system.

This would take place through a variety of ICT projects implemented across the security cluster.

• The process to operationalise the State Attorney Amendment Act would continue with the appointment of regional heads to the Office of the State Attorney at all High Courts to ensure better management of state litigation.
• Publication of a legal sector code for comment would take place in the near future as part of transformation efforts.

• The fight against fraud and corruption would continue.

• The NPA would continue with its Aspirant Prosecutors’ programme in which young graduates are recruited to the NPA.

• The NPA would also establish an office of complaints in line with international best practice and to institutionalise the NPA’s commitment to ethics and accountability.
• The Judicial Commission of Inquiry into State Capture (Zondo Commission) would be assisted to complete its work.

• With effect from 1 April 2021, the process to transfer the legal representation function and related budget from the Land Rights Management Facility in the Department of Agriculture, Land Reform and Rural Development to Legal Aid SA would begin.

7.3 Human Resources 7.3.1.


The Department reports on a review and alignment of the organisational structure in 2021/22, estimating that the additional funding required to implement the structure is R53.46 million.

16 26 7.3.2.

As at 31 March 2022, the Department had a total workforce (excluding magistrates) of 16 150 (77.8% of employees are concentrated in programme 2 (Court Services)).

7.3.3.

The overall vacancy rate was 8.6% (compared with 10% in 2020/21 and 7.1% in 2019/20).
The SMS vacancy rate was at 15% (as opposed to the target of 10%), improving from 22.5% at 31 March 2021.

7.4 Financial performance 2021/22 7.4.1.

The Department’s three programmes - Administration, Court Services and State Legal Services, as well as the Justice Modernisation sub-programme under Programme 5 - were allocated R11.8 billion in 2021/22, and spent R11.4 billion or 96.6% of the final allocation.

7.4.2.
Irregular expenditure increased in 2021/22 by R900.2 billion, from R2.06 billion to R2.92 billion: Table 5: Department of Justice and Constitutional Development - Overview of irregular expenditure IRREGULAR EXPENDITURE 2019/20 2020/21 2021/22 Closing balance R1.66 billion R2.06 billion R2.92 billion Increase R563.2 million R401.6 million R900.2 million New cases detected 35 new cases to the 34 new cases to the 26 new cases to the value of value of R543 value of R75 R867 million, of which two million were million were cases relate to the prior year.
detected.

detected.

Forensic investigation for R968 million R667 million R667 million possible fraud and collusion 17 27 IRREGULAR EXPENDITURE Discipline 2019/20 2020/21 2021/22 Thirty-three cases Twenty-two cases to the to the value of R429 value of R668 million under million.

disciplinary process Under assessment R867.7 million R999 million R49.7 million 7.4.3.
According to the Department, the increase in irregular expenditure relates to: • The non-adherence to bid requirements with the appointment of Security Guarding Services to the value of R863 million (prior years’ expenditure).

• Prior approval not obtained to deviate from a competitive bidding process when procuring online library services to the value of R2.7 million.

• Contract extension without approval from National Treasury which resulted in irregular expenditure to the value of R922 000.
• Three quotations not obtained when procuring accommodation to the value of R834 000.

• R32.7 million when Supply Chain Management processes were not followed by the State Attorney’s offices.

7.4.4.

Fruitless and wasteful expenditure: • Thirteen new cases of Fruitless and Wasteful Expenditure to the value of R23 000 were detected and reported to National Treasury during 2021/22.
The fruitless and wasteful expenditure incurred were reportedly primarily the result of cancelled bookings or no shows related to transportation and accommodation on official trips.
• The Department resolved 333 cases of fruitless and wasteful expenditure to the value of R1.7 million during 2021/22, which made up 93% of the value of cases on the Register: 30 cases to the value of R1.4 million were written off as it was concluded 18 28 that the Department incurred no loss, and 303 cases to the value of R210 000 were resolved as not fruitless or wasteful.

7.5 Non-financial performance 2021/22 7.5.1.


The Department reports that it achieved 79% of its indicators in 2021/22, compared with 66% in 2020/21 (and 51% in 2019/20).

If the indicators for the NPA are removed, the Department achieved 81% of planned indicators.
Table 6: Department of Justice and Constitutional Development - overall performance 2021/22 (with a comparison to 2020/21) PROGRAMME 2021/22 2020/21 PERCENTAGE TARGETS PLANNED PERCENTAGE ACTUAL/ PERFORMANCE ACHIEVED TARGETS PERFORMANCE PLANNED Administration Court Services State Legal Services NPA Justice Modernisation Overall 77% 87% 79% 71.4% 100% 79% 24 15 22 10 3 74 31 17 28 14 3 93 7.5.2.
Key achievements include: 40% 81% 75% 50% 67% TARGETS 6/15 13/16 33/44 7/14 2/3 66% 61/92 • Establishing a further three (3) new Special Commercial Crime Courts (SCCCs), two in the Eastern Cape (Mthatha and East London) and one court in KwaZulu-Natal (Pietermaritzburg).

To date, eight (8) SCCCs have been established.

• Establishing 78 courts to comply with the strategy on universal access for persons with disabilities.
• Converting six branch courts to full-service courts, as follows: Bityi and Dimbaza courts in the Eastern Cape, Booysens and Lenasia courts in Gauteng, and Magudu and Nsuze courts in KwaZulu-Natal.

19 29 • Making use of the Person Identification and Verification Application (PIVA) to check more than 122 339 accused persons.

In near real-time, 46 479 of these individuals (38%) were found to have prior criminal records.
Further, 3 379 (2.8%) wanted persons could be identified as persons of interest in other cases.

• Processing 1 989 246 cases through the IJS Transversal Hub using IJS system integrations between the SAPS, NPA and the Department.

• Developing, testing and piloting the following online services: Maintenance; Expungement of Criminal Records; National Register of Sex Offenders (NSRO); Civil Online; and Deceased Estates and Trust.
However, the prolonged departmental procurement processes, as well as SITA procurement processes, have negatively impacted on delivery of some modernised projects and service delivery.

As a result, the target for Courts Audio-Visual Solution (CAVS) was not achieved.

The Court Recording Systems (CRT) were also affected, resulting in postponement of cases.
• Deploying 443 cashless solutions to reduce the amount of money processed through points of service and, therefore, to minimise the risk of theft and robberies.

7.5.3.

Key reported challenges for 2021/22 were the negative audit outcome; the high vacancy rate and the aging ICT infrastructure.

7.6 Audit outcome 2021/22 7.6.1.

This is the sixth consecutive year in which the Department has received a qualified audit opinion.
As in 2020/21, the audit qualification for 2021/22 relates to significant deficiencies in the accounting of contingent liabilities.

7.6.2.

Contingent liabilities: i.

The Auditor-General found that the Department did not have adequate processes in place to prevent contingent liabilities in accordance with the requirements of the accounting framework and the CFO vacancy had contributed to the breakdown of internal controls.
Further, the Department did not determine the possible outcomes of the litigations in support of the disclosure.

20 30 ii.

The Auditor-General recommended that the Department employ temporal staff to capture the voluminous historical information on the litigations and claims register.

Then, update the status of each litigation matter and claim throughout the year, where applicable.
The Department’s legal department should assess and record the possible outcome of each claim at year-end, based on progress, for disclosure of the contingent liabilities to the Annual Financial Statement (AFS).

The finalisation of the revised population should be concluded for review by internal and external auditors prior to the official submission of the AFS.

7.6.3.
7.6.3.

Material findings on compliance were as follows Table 7: Department of Justice and Constitutional Development - Material findings on compliance DESCRIPTION ROOT CAUSE • Some of the goods and services were • There is no framework for the procurement procured without obtaining at least three of legal services in the Department.

written price quotations.

Consequently, procurement processes were • The AFS included material misstatements not followed by State Attorney offices.
on contingent liabilities.

• The CFO position was vacant for the • The Department incurred and reported duration of 2021/22.

The position is critical irregular expenditure worth R900.9 million to reporting within the requirements of the in 2021/22, indicating that the process was reporting accounting framework.

not effective and appropriate to prevent • There is slow progress in concluding the irregular expenditure.

backlog of investigations by the • R857 million of the reported irregular Department.
expenditure originates from prior years’ security contract payments.

The non- compliance investigation was, however concluded in 2021/22.

• There was no evidence to confirm that investigations were conducted into 21 31 DESCRIPTION ROOT CAUSE allegations of financial misconduct by officials and/or that disciplinary steps were taken against officials who had incurred irregular expenditure.

7.6.4.
7.6.4.

Findings on the quality of the performance information: The Department had material findings in the usefulness and reliability of the performance information reported under State Legal Services, as a result of inadequate monitoring and reporting.

7.6.5.

Integrated Justice System: Integrated Justice System (IJS) i.

The Auditor-General found that the goal to fully modernise the Criminal Justice System (CJS) has not been fully realised in line with resources and investments made over the years.
A total of R8.65 billion has been allocated to fund the IJS programme from inception to date, while total expenditure is R7.84 billion.

ii.

Although the reconstituted programme governance structures are in operation and are overseeing implementation of projects outlined in the 2019-2024 MTEF, some projects are faced with challenges that range from procurement, resource constraints, contract management and vendor management.
This has caused major project delivery delays that have impacted on the project timelines and budgets.

iii.

The drivers for the modernisation of the CJS depend on a fully Integrated Case Management System (ICMS), Integrated Person Management System (IPMS) and Business Intelligence (BI) platform.

The integration status for the ICMS, IPMS and BI is at 100%, 40%, 80%, respectively.
The delay in the implementation of the IPMS 9at 40%) is attributed to delays in individual projects at the Department of Home Affairs (DHA), South African Police Services (SAPS) and Department of Correctional Services (DCS).

7.7 Linking financial and non-financial performance information: 22 32 • The Department spent 94.9% of the overall budget for 2021/22, while achieving 79% of planned targets.
• However, the Department amended its 2021/22 Annual Performance Plan (APP) in January 2021/22, revising certain targets downwards.

• Further, the Department did not meet certain targets which relate to priority areas, specifically indicators relating to combatting gender-based violence, reducing case backlogs, the modernisation of justice services, and improved organisational capability and good governance.
• Concerning the audit outcome, the Department has remained qualified, with a repeat finding on contingent liabilities, as well as material findings on compliance with legislation in the supply chain environment.

• Irregular expenditure incurred increased by R900.2 million.

• The Auditor-General also queried the usefulness and reliability of certain performance information under the State Legal Services programme.
8 Programme 1 - Administration 8.1 The Administration programme provides strategic leadership, management and support services to the Department.

8.2 There are six sub-programmes: Ministry, Management, Corporate Services, Financial Administration, Internal Audit and Office Accommodation.

8.3 In 2021/22, the Administration programme spent 92.3% of the final appropriation, compared with 92.6% appropriated to the programme in 2020/21.
8.4 The underspending of R230.8 million is attributed to delays in the filling of vacant posts and implementation of the youth programme, less than anticipated expenditure on accommodation charges, private leases and municipal services, and delays in awarding the procurement of ICT licenses and services (ICT central support, service desk and security support services).

23 33 8.5 The programme had three outcomes for 2021/22: • Modernised and digitised justice services platforms.
• • Improved organisational capability and good governance.

Improved awareness of justice services and constitutionalism.

8.6 The following indicators and related targets were revised in-year: Table 8: Administration programme – revised indicators and targets ORIGINAL INDICATORS REVISED INDICATORS AND Number of justice services available on the Department’s Internet Portal (online) i.e.

Maintenance applications, Protection Orders applications, Deceased estate, Trusts and Expungement of Criminal Records.
Number of sites rolled-out with the Courts Audio- Visual Solution (CAVS).

Percentage of women occupying senior management services Disciplinary hearings finalised within 90 days.

TARGETS The annual target was revised from achievement by 31 September 2021 to piloted in February 2022 because of the ransomware attack.

The target for the CAVS solution to be rolled out at 45 courts was revised to Procurement of Courts Audio-Visual Solution (CAVS) completed by target date.
The target for 50% women occupying senior management services was revised to 50% of women occupying senior management services and LP10 positions.

The target was revised from 60% to 55%.

Programmes to commemorate the 25th anniversary of the constitution implemented.

Number of reports on the implementation of programmes to commemorate the 25th 24 34 anniversary of the Constitution submitted to the Minister for approval.
8.7 Overall, the Programme met or exceeded 24 of 31 or 77% of planned targets (compared with 6 of 15 or 40% of the planned targets for 2020/21).

8.8 Areas of underperformance were as follows: • Protection order services available on the internet portal (online) by 28 February 2022 (Phase 1 (for legally represented complainants) developed and tested).

• Procurement of Courts Audio-Visual Solution (CAVS) completed by 28 February 2022 (Bid specifications completed and approved for publication through SITA).
• Percentage of vacancy posts at SMS level (Vacancy rate) (15% against a target of 10%).

• Percentage of irregular expenditure reduced (43% increase against a target of 70% decrease).

• Percentage of undisputed and valid invoices paid within 30 days from date of receipt (99% of invoices paid of a target of 100%).

• Percentage of Rand value of discretionary procurement allocated to exempted micro enterprises (EMEs) and qualifying small enterprises (QSEs) (31% against a target of 40%).
8.9 Linking financial and non-financial performance information: • The programme achieved 77% of planned targets for 2021/22, improving from 40% in 2020/21, and spent 92.3% of the allocation, underspending by –R230.8 million.
9 Programme 2 - Court Services 25 35 9.1 The Court Services programme facilitates the speedy resolution of criminal, civil and family law disputes by providing accessible, efficient and quality administrative support functions to the lower courts; and manages court facilities and justice security services.

9.2 The Programme has the following outcomes: • Increased access to justice.

• Crime and corruption reduced through effective prosecution.
9.3 The following indicators and related targets were revised in-year: Table 9: Court Services programme – revised indicators and targets INDICATOR REVISED INDICATOR AND TARGET Phase 4 Functional Femicide Watch dashboard The indicator was revised to “approved report with available data.

on available data for Phase 4 Femicide Watch dashboard” Criminal cases postponed due to unavailability The annual target was revised downwards of court administration staff.
from ≤0.3% to ≤0.2% Number of additional courts designated in The original indicator was revised to “number terms of section 55(A)of the Criminal Law of sexual offences courts established at (Sexual Offences and Related Matters) designated courts.” Amendment Act, 2007.

Percentage of NRSO clearance certificates The annual target was revised downwards from issued within 10 working days.

65% to 50%.
65% to 50%.

Number of courts compliant with the strategy The original indicator was revised to “number on universal access for persons with of courts compliant with the minimum standard disabilities on universal access for persons with disabilities”.

Maintenance matters finalised within 90 days The annual target was revised downwards from from the date of proper service of process.

80% to 75%.
80% to 75%.

26 36 INDICATOR REVISED INDICATOR AND TARGET Social compact discussion document The original indicator was revised to “social submitted to Cabinet by 31 December 2021. compact discussion document submitted to Minister for approval by 31 March 2022”.
Maintenance improvement framework The original indicator was revised to developed and submitted to the Minister for “Maintenance improvement framework approval by 31 December 2021. developed and submitted to the Minister for approval by 31 March 2022.

Case backlogs reduction framework adopted Case backlogs reduction framework submitted by 31 March 2022. to the Minister for approval by 31 March 2022.
9.4 In 2021/22, the Programme met or exceeded 15 or 87% of 17 planned targets (compared to 81% or 13/16 targets in 2020/21).

9.5 Areas of underperformance include: • No additional courts were designated in terms of section 55A of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, against an annual target of 27.
• The Case Backlog Reduction Framework was not submitted to the Minister for approval by 31 March 2022 but, instead, was returned by the Deputy Minister with amendments to be made and an action plan developed.
9.6 Facilities Management / Court infrastructure Table 10: Court infrastructure - Appropriation and expenditure 2021/22 ‘R MILLION APPROPRIATION EXPENDITURE MAIN ADJUSTED FINAL ACTUAL VARIANCE % 2019/20 2020/21 R855.6 R874.4 R510.8 R456.9 R328.0 R305.4 R343.4 R290.6 R22.6 R52.7 93.1% 84.6% 27 37 ‘R MILLION APPROPRIATION EXPENDITURE MAIN ADJUSTED FINAL ACTUAL VARIANCE % 2021/22 R703.3 R666.2 R660.7 R609.1 R51.6 92.2% i.
In 2021/22, the Department continued to report under-expenditure as a result of slow progress by the DPWI’s implementation of planned court infrastructure projects.

However, actual expenditure of R609 million in 2021/22 is a significant improvement on spending in the two previous financial years.

ii.
ii.

Reported challenges in respect of ongoing construction and renovation/refurbishment projects, include: • Mamelodi Magistrates Court - The project, which began in 2014, is delayed due to failure to appoint specialist subcontractors.

• Port Shepstone Magistrates Court - The project was cancelled due to the contractor being placed on voluntary business rescue.

Litigation is under way.

Business forums are also a challenge.


• Pretoria Magistrate’s Court: Refurbishment of Burnt Building Project - The project, which began in 2015, was re-advertised for appointment of a replacement contractor.

• Vulamehlo Magistrates Court – The project began in 2015.

The Contractor was placed on terms for non-performance with the intention to cancel the contract.

The project has been interrupted several times by Business Forums demanding 30% of subcontracting work.
• Klerksdorp/ Jouberton Magistrate Office: Additional Accommodation - All work is behind schedule.

9.7 Linking financial and non-financial performance information: • The Programme achieved or exceeded 87% (15 of 17) of the performance targets (compared to 81% (13 of 16) in 2020/21) and spent 98.9% of the programme budget (compared to 97.4% in 2020/21).
28 38 • The under-expenditure of R71.4 million is attributed to delays in filling vacant posts and implementation of the youth programme, and low spending of the court infrastructure budget by DPWI.

• Despite the reported improved performance, the following is noted: Ø 9 of 17 indicators were revised in-year.

Ø There are concerns about the resourcing of the lower courts resulting in a lack of essential equipment, IT infrastructure and general resources for lower court staff.
Ø At many courts, the infrastructure is poor or unsuitable to the administration of justice.

Some courts have been closed because of their poor state of repair/the dangerous working conditions.

Ø Internet connectivity on the Department’s network at the lower courts is a challenge.

Ø The case backlogs are described as insurmountable.
10 Programme 3 - State Legal Services 10.1 This Programme provides legal and legislative services to the Department government broadly; supervises the administration of deceased and insolvent estates; registers trusts and manages the Guardian’s Fund; and prepares and promotes legislation.

In addition, the Programme facilitates constitutional development and undertakes research in support of this.

10.2 The Programme has the following outcomes: • Transformed Masters services.
• Colonial/Apartheid-era justice-related legislation reviewed and repealed or replaced.

• Transformed state litigation services.

• Transformed legal profession.

• Advancement of constitutionalism, human rights and the rule of law.
29 39 10.3 The following indicators were revised in-year: Table 11: State Legal Services – revised indicators and targets ORIGINAL INDICATOR REVISED INDICATOR AND TARGETS Percentage of Liquidation and distribution The original 2021/22 target was 75% and was accounts in large estates (>250 000) reduced to 70%.
examined within 15 days from receipt of all required document Percentage of letters of appointment issued The indictor was amended to provide for the in deceased estates within 15 days from issuing of letters within 21 days).

receipt of all required documents.

The original 2021/22 target of 75% was reduced to 65%.

Percentage of beneficiaries in receipt of The original 2021/22 target of 80% was reduced to services within 40 days from receipt of all 70%.

required documents (Guardian’s Fund).


Percentage of certificates of appointment The original 2021/22 target of 75% was reduced to issued in all bankruptcy matters within 10 70%.

days from receipt of all required documents.

Percentage of liquidation and distribution The indicator was amended to provide for the accounts in bankruptcy matters examined issuing of letters within 21 days.

within 15 days from receipt of all required documents.
Percentage of letters of authority issued in The original 2021/22 target of 70% was reduced to trusts within 14 days from receipt of all 60% required documents.

Percentage of briefs allocated to previously The indicator was revised to “percentage of briefs disadvantaged female legal practitioners.

allocated to female legal practitioners”.


Policy framework on the transformation of The indicator was revised to “Draft policy senior counsel status to advocate attorneys framework and accompanying Regulations on the 30 40 ORIGINAL INDICATOR REVISED INDICATOR AND TARGETS to the legal professionals who practice conferral of senior legal practitioner (advocates outside the courts developed by 31 March and attorney) submitted to the Minister for 2022. approval by 31 March 2022”.
Draft framework on treaty obligations The indicator was revised to “draft framework on developed and submitted to the Minister for treaty obligations developed and submitted to the approval by 31 December 2021.

Minister for approval by 28 February 2022”.

10.4 In 2021/22, the programme met or exceeded 22 or 79% of its 28 planned targets (compared with 75% in 2020/21).
10.5 Areas of underperformance included: • Percentage of Liquidation and Distribution accounts in large estates (>250 000) examined within 15 days from receipt of all required document (74% achieved against a target of 70%).

• Number of Colonial/ Apartheid era justice-related legislation approved by the Minister for submission to Cabinet (1 against a target of 4.)

• Percentage of briefs allocated to female legal practitioners (40% against a target of 41%).
• Percentage of valid requests for extradition and mutual legal assistance in criminal matters processed and submitted to the Director-General within 20 days from the date of receipt (57% against a target of 80%).

10.6 Linking financial and non-financial performance information: • The Programme achieved 79% (22 out of 28) performance targets (compared to 75% in 2020/21) and spent 94% of its budget (compared with 94.5% in 2020/21).
• The reported underspending of R84.19 million (compared to R80.1 million in 2020/21) is attributed to delays in filling vacant posts and the implementation of the 31 41 youth programme; less than anticipated spending of the Information Regulator budget; and lower spending on foreign government subscriptions.
• Notably, the Auditor-General reports that for six indicators, the reported achievements materially differed from the supporting evidence provided as a result of poor record keeping in the State Attorney’s environment.
• The Auditor-General also noted that, as there is no framework for the procurement of state legal services, the procurement of legal services is currently not fair, transparent and equitable (as required by the Constitution) and it is not possible to tell whether the rates paid for legal services by government are economical.

The lack of a procurement framework is also a challenge for the Department in planning and realising the transformation agenda.
11 Programme 5: Auxiliary and Associated Services Programme - Justice Modernisation sub-programme 11.1 Programme 5 contains the Justice Modernisation sub-programme which has funds for the implementation of IT infrastructure for the Department and also includes the earmarked funds for IJS integration across the Cluster.
The Justice Modernisation sub-programme designs and implements IT infrastructure and networks, reengineers, automates and integrates business processes for the administration of civil and criminal justice in the integrated justice system, 11.2 The Department is currently accountable for the overall delivery of the IJS programme and accounts for the entire IJS budget.
The revised governance of the IJS programme aims at clarifying and strengthening the roles of the Director-General (DG) as the accounting officer of the programme, and that of the Minister as the executive authority of the programme 11.3 The Justice Modernisation sub-programme has the following outcome: Modernised and digitised justice services platforms.

32 42 11.4 The sub-programme met 100% or 3 of 3 indicators (compared to 67% in 2020/21.
The following achievements are reported: • As at 31 March 2022, ten (10) government departments/entities were connected to the IJS hub and able to electronically exchange information.

• During 2021/22, court services and Masters related modules SMS notifications have been developed, tested and will be implemented in 2022/23.
• The Person Identification and Verification Application (PIVA) used to check more than 122,339 accused persons, and in near real-time it was determined that over 46 479 of these individuals (38%) have prior criminal records.

• 989 246 cases were electronically processed via the IJS Transversal Hub using IJS system integrations between the SAPS, NPA and the Department.

11.5 The sub-programme spent R575.7 million of the final allocation of R597.4 million in 2021/22.
The underspending is attributed to delays in awarding the procurement of ICT licenses (Citrix and Trend) and ICT Services (ICT Central Support, Service Desk and Security Support Services), as well as the underperformance of IJS/CJS (Transversal).
Table 12: Appropriation and expenditure 2020/21-2021/22 YEAR APPROPRIATION EXPEDITURE MAIN ADJUSTED VIREMENT FINAL ACTUAL VARIANCE % 2020/21 R1.22 billion 2021/22 R1.15 billion R1.03 billion R621.1 million (R345 R690.88 R478.86 R212.01 69.3% million) million million million (R23.7 R597.38 R575.67 R21.71 96.4% million) million million million 11.6 Linking financial and non-financial performance information: • The sub-programme met all targets while spending all but R21.7 million of the allocated budget.
33 43 • However, although the sub-programme was allocated R1.15 billion in the Main Appropriation, this amount was adjusted downwards to R621.1 million and there was an additional virement of -R23.7 million.

The final allocation to the sub-programme was R597.4 million.

Notably, in October 2021, R421.9 million was reallocated from the Justice modernisation program to the Administration programme for ICT maintenance.
• The Auditor-General found that the goal to fully modernise the Criminal Justice System (CJS) has not been fully realised in line with resources and investments made over the years.

A total of R8.65 billion has been allocated to fund the IJS programme from inception to date, while total expenditure is R7.84 billion.
12 Information Regulator 12.1 The Information Regulator is established in terms of section 39 of the Protection of Personal Information Act, 2013, (POPIA) and has a wide range of powers and functions regarding promoting and enforcing the right to privacy.

12.2 POPIA also transfers certain key responsibilities concerning the Promotion of Access to Information Act, 2000, (PAIA) to the Information Regulator.
These include the handling of complaints, conducting investigations, and making assessments about compliance by public and private bodies.

12.3 The full enforcement powers of the Regulator, in terms of both PAIA and POPIA, came into effect in the 2021/22 financial year, on 30 June 2021 and 1 July 2021, respectively.

12.4 Exemptions of certain private bodies from compiling PAIA Manuals came to an end on 31 December 2021.
Accordingly, effective from 1 January 2022, every public and private body is required to compile a PAIA Manual.

34 44 12.5 The matter of the listing the Regulator in terms of the Public Finance Management Act, 1999, is unresolved.

The separation of the Regulator from the Department is dependent on this classification.

12.6 Human Resources 12.6.1.

During 2018/19, the Regulator approved its first organisational structure of 378 positions.

This structure, which is being implemented in a phased approach.
During 2021/22, the Regulator reports the following: • A total of 55 posts were filled in line with the implementation of Phase Three (3), and Phase Four (4) of the organisational structure, bringing the staff complement to 89.

• The vacancy rate is 3%.

• A total of 23 of 26 SMS posts are filled with a vacancy rate of 12%.

In respect of key SMS positions: Mr. M Mosala, was appointed as CEO in July 2021 and Ms. G Zulu was appointed as CFO as from July 2022.
A key SMS position that remains vacant is the Executive for POPIA.

(This post was advertised on 25 April 2022.)

• The turnover rate was 20% (9 resignations).

• In respect of employment equity, 54% of employees are African women but there are no employees with disabilities.

(This was also the case in the previous financial year.)

12.6.2.

Four consultants were employed at a total cost of R431 250.
84 (This was for two projects: the recruitment of executives (30 days) and the recruitment of employees (30 days).)

12.7 ICT environment.

The Regulator has migrated all its ICT systems from the Department’s environment.

A key aspects of the ICT environment includes an Automated Complaints Management System.
On 18 March 2021, the Department issued an invitation to bid for the appointment of a suitably qualified service provider for the development, implementation, support and maintenance of a web-based automated Complaints Management System (CMC) for the Information Regulator for a period of three years.

The 2020/21 Annual Report noted delays in contracting the Automated Complaints 35 45 System service provider and the Regulator then engaged with SITA.

The Regulator does not report on this item for 2021/22.
12.8 Audit performance: The Regulator did not produce a separate Annual Financial Statement (AFS) for the 2021/22 financial year, as its financial records still form part of the Department’s AFS and are audited as such.

12.9 Financial performance 2021/22 12.9.1.

The Information Regulator was allocated R87.2 million for 2021/22, compared with R45 million in 2020/21.
An additional R105 million was made available to the Information Regulator over the medium term to appoint 54 new personnel to enforce compliance with the POPIA and the PAIA.

12.9.2.

In 2021/22, the Regulator spent R66.2 million or 76% of its allocated budget, with under- expenditure of R22.89 million.

The under-expenditure was attributed to the following: • R15.5 million on Compensation of Employees due to delays in the appointment of employees during the first quarter of the financial year.
• R3.6 million for the appointment of the SITA for the development of the hosting of the Registration Portal and moving the Regulator to the SITA VPN.

This was not completed due to delays in appointing SITA for these services.

12.9.3.

The Regulator’s key cost drivers for 2021/22 were: R46.17 million on Compensation of Employees and R15.12 million on Goods and Services.

12.10 Non-financial performance 2021/22 12.10.1.
The Regulator reported an overall performance of 68% (19 out of 28 indicators) for 2021/22, compared with 61% (11 out of 18 targets) in 2020/21: Table 13: Information Regulator - Programme performance 2021/22 36 46 PROGRAMME TARGET Protection of Personal Information Promotion of Access to Information Education and Communication Legal Services, Policy, Research and Information Technology Analysis Administration 7 3 6 6 6 ACTUAL 1 (14%) 3 (100%) 6 (100%) 4 (67%) 5 (87%) 12.10.2.
Only 1 of 7 targets (14%) was achieved in the Protection of Personal Information Programme.

Challenges that affected performance for the programme are identified as (i) a lack of leadership in the Division after the resignation of the first POPIA Executive; and (ii) general institutional inexperience in POPIA work.

12.10.3.
12.10.3.

The Regulator has identified various strategies to overcome the under-performance in Programme 1: Protection of Personal Information, including: • Recruitment of the POPIA Executive is at an advanced stage.

• Members to transfer skills to the Executive and the Executive will in-turn transfer skills to officials.

• Officials have been enrolled in a POPIA course with the University of Cape Town.

• The outstanding documents in the Readiness Plan will be developed and implemented in 2022/23.
• Concerning the percentage of Information Officers registered as prescribed, the online registration portal in the Regulator’s own ICT domain has been developed and will go live in the financial year 2022/2023.

12.10.4.

The Regulator highlights the following achievements for 2021/22: 37 47 • Conducted over one-hundred and three (103) stakeholder engagements with various sectors.

The engagements were utilised to provide guidance on compliance with POPIA and PAIA.
• Developed the PAIA guides in all official languages and in braille and also published the Regulator’s PAIA manual in three (3) official languages and in braille.

• Developed guiding templates for the development of PAIA manuals to equip public and private bodies with the ability to develop their PAIA manuals.

• Developed an international cooperation policy which is intended to inform its participation on the global stage.
• Initiated the establishment of a Security Compromises Unit within the Regulator.

12.11 Committee’s BRRR 2021 observations.

Key issues identified in the Committee’s 2021 BRRR include: • The Committee welcomed the commencement of the remaining sections of POPIA with effect from 1 July 2021.

• Funding.

The Committee regards it as vital that the Information Regulator be adequately funded so that it is able to provide guidance as South Africa goes about establishing its data protection regime.
A well-functioning data protection regime is essential to international trade and, therefore, will contribute to South Africa’s access to economic opportunities and growth.

At the same time, the Regulator’s continued under-expenditure was concerning as it suggests difficulties in its capacitation.

• Legal status.

The Committee queried why it is taking so long to resolve the Information Regulator’s status in terms of the PFMA.
The resolution of this issue is key to the Regulator being able to function independently from the Department and is a blockage in the Information Regulator’s attempts to adequately capacitate itself and to its operations.

The Committee intended to arrange a meeting with the Ministers of Justice and Finance in an attempt to fast-track a solution.
12.12 Linking financial and non-financial performance: 38 48 • The Information Regulator achieved 68% of its targets and spent R66.2 million or 76% of its allocated budget.

• The Information Regulator reports that its dependence on the Department’s policies and processes, which will continue until the matter of its listing within the PFMA is resolved, contributes to the procurement delays it has experienced.
• The reported underperformance falls largely within the Protection of Personal Information programme and is attributed to the lack of leadership in the Division and a general lack of institutional expertise in POPIA.

13 NPA 13.1 In line with its constitutional mandate, the NPA provides a co-ordinated prosecuting service to ensure that justice is delivered to the victims of crime through general and specialised prosecutions, certain witnesses are protected and profit is removed from crime.
13.2 The NPA’s strategic outcomes for 2020-2025 are: • • • Increased feelings of safety and security for all South Africans.

Improved investor confidence in South Africa through high-impact prosecutions.

Improved access to NPA services for all.

13.3 To achieve these outcomes, the NPA commenced with the implementation of several strategic initiatives: • Enhancing internal accountability through the development of an Office for Complaints and Ethics.
• Capacitating the NPA and ensuring that all regions and business units have the requisite specialist capacity.

• • • Increasing the use of information technology and digitisation.

Institutionalising the Innovation and Policy Support Office.

Implementing a countrywide Community Prosecution Initiative.

39 49 13.4 The NPA reported the following progress: 13.4.1.
Office for Ethics and Accountability: As the NPA has a zero-tolerance approach to corruption and dishonesty in the workplace, it decided to establish an office to promote ethical conduct and effectively respond to legitimate complaints against NPA staff, at all levels.

The Office for Ethics and Accountability is being established in terms of section 22(5) of the National Prosecuting Authority Act, 1998, to replace the Integrity Management Unit (IMU).
The regulations have been drafted and submitted to the Minister for consideration.

The relevant consultations were undertaken to facilitate this transition and the NPA intends for the new office to commence operations in 2022/23 once the Minister has approved the Regulations.

13.4.2.
13.4.2.

Donor Oversight Committee: The provision of funds and in-kind services to the NPA by civil society organisations (CSOs), the private sector and others can significantly enhance the capabilities of the NPA to deliver on its mandate.

However, this also poses the risk that outside parties may seek to compromise the independence of the institution.

In 2020, the NPA proposed establishing a structure to oversee the process of accepting donations.
The NPA is working closely with the Department and National Treasury to establish this oversight committee.

13.4.3.

Community Prosecution Initiative: This initiative involves prosecutors partnering with local stakeholders to collectively find long term sustainable solutions to specific crimes that most concern those communities.

Working with communities to address the risk factors associated with the identified crimes is key, as is conducting strategic prosecutions.
Twenty-three community prosecution sites were established across the country, focussing on various community irritants.

Community prosecutor posts were created and are in the process of being filled.

The NPA has undertaken training for community prosecutors and has commissioned an external service provider to conduct independent monitoring and evaluation of the initiative.

40 50 13.4.4.
40 50 13.4.4.

Building a culture of innovation: The NPA has sought to entrench a culture of innovation and local problem-solving in its divisions across the country.

Committed and vibrant individuals were nominated to form part of the divisional innovation teams.

These teams were trained and supported to conceptualise practical innovation initiatives to implement in their divisions to resolve local problems.
Some of these innovations include improving the use of court preparation officers, enhancing staff wellness, improving divisional communications, improving skills transfer and instituting non-monetary recognition of good performance.

13.4.5.

Strengthening communications: Improving public understanding of the NPA’s functions, activities and achievements is central to rebuilding its credibility.
The NPA has continued to implement proactive communication initiatives, with a particular focus on anti- corruption and asset recovery efforts.

The NPA’s website has also been redesigned and a dedicated communications initiative was launched to demonstrate impact on high-level corruption matters.

Internal communication has also been significantly improved to ensure that all NPA colleagues are up-to-date with the latest developments, and progress on strategy implementation.

13.4.6.
13.4.6.

Non-prosecution decisions (NPDs): The Organisation for Economic Co-operation and Development (OECD) recommends that countries make strategic and appropriate use of NPDs to resolve corruption cases involving corporate entities and not individual directors.

Globally, NPDs in the form of negotiated settlements are increasingly used to resolve complex corruption cases.
In return for leniency, implicated entities are required to admit responsibility for a set of facts, disclose evidence that can be used to prosecute responsible individuals, make financial restitution and improve continued anti-corruption compliance measures.

The NPA is at an advanced stage of developing a policy that provides for a simple and tailored form of NPD.

13.4.7.

NPA independence: The NPA remains focused on strengthening the independence of the prosecution authority.
The Minister has proposed the establishment of a task team to assess the options and agree on way forward.

The NPA also submitted its views to the Zondo Commission, and these were shared with the Minister.

41 51 13.4.8.

Prioritising for impact: To make demonstrable progress on priority matters in a short space of time, the NPA approved the following short-term, clear and measurable priorities: • Expediting high-profile corruption cases nationally and provincially.
• A stronger focus on serious violent and organised crime, and crimes that disproportionately undermine public safety.

• Capacitating the NPA to respond to existing and emerging priorities through recruiting crucial additional skills, expertise and capabilities.

• Enhancing staff morale and well-being.


13.5 Regarding the expedition of high-profile corruption cases, the following noteworthy cases were prioritised: • The Gauteng High Court granted an order to seize assets worth R1.4 billion belonging to accused implicated in the corruption scandal involving the construction of Eskom’s Kusile power station.

The extradition hearing of former Eskom contractor Mr Michael Lomas is being heard in London, United Kingdom (UK).
• Former Transnet board member Mr Iqbal Sharma and former senior members of the Free State Department of Agriculture were charged with contraventions of the Public Finance Management Act, 1999, fraud and money laundering.

• The Bloemfontein High Court granted an unlimited restraint order to the value of R520 million for assets belonging to Mr Sharma, his company Nulane Investment, and the Gupta family through their company Islandsite.
• The Free State High Court confirmed a provisional restraint order against Mr Edwin Sodi and his companies, as well as other accused, to the value of almost R300 million.

• The Nelson Mandela Bay Municipality matter, which resulted from a contract with a consultancy firm from the Eastern Cape, was enrolled in July 2021 involving an amount in excess of R25 million.

• The Free State Housing matter involving the Free State Department of Human Settlements was enrolled in August 2021.
The value of purchases made are approximately R500 million.

42 52 • One of the legs of the investigation into the Steinhoff matter has been finalised.

• A Mutual Legal Assistance (MLA) request to one of the foreign authorities was submitted; another MLA, to a different foreign authority, is in the process of being transmitted.
13.6 The Independent Directorate (ID) and the Directorate for Priority Crime Investigation, working closely with prosecutors in the Specialised Commercial Crime Unit, are investigating the matters arising from the Zondo Commission reports.

The NPA Task Force is coordinating activities and responses between the various role players.
The NPA has made submissions to the Minister on creating a permanent ID in the NPA focusing on high profile and complex corruption-related matters, and for the creation of permanent investigator posts, where the investigators have full criminal investigating powers in terms of the Criminal Procedure Act, 1977 (CPA).

In this way, the ID can effectively deal with investigations authorised by the Investigating Director.
13.7 In addition to prioritising high-level corruption matters, the NPA has maintained its focus on several other serious violent and organised crimes, including: • A Gender Based Violent Crimes training module and strategic plan was developed.

• A National Organised Crime strategy was approved after extensive consultation.

• A list of priority organised crime cases was developed.

• A Sexual Offences and Community Affairs (SOCA) media plan was formulated and activated nationally.
• Five additional Thuthuzela Care Centres (TCCs) were established bringing the total to 60.

• Femicide, child murder and lesbian, gay, bisexual, transgender, queer and intersexed (LGBTQI+) databases were maintained.

The NPA’s Sexual Offences Community Affairs Unit is monitoring case progress, finalised prosecutions and the conviction rates.

• A Deoxyribonucleic Acid (DNA) prioritisation task team was established.
A DNA protocol was developed and is in place to ensure the acceleration of the backlog of 43 53 DNA matters on the court roll.

The project has been very successful, as reported under the activities of the National Prosecutions Service (NPS).

13.8 Human Resources 13.8.1.

As at 31 March 2022, the NPA had an establishment of 5 990 of which 5 473 have been filled, resulting in an 8.6% vacancy rate.

13.8.2.
13.8.2.

From the start of the recruitment drive during October 2019 until 31 May 2022, the NPA has advertised 2473 permanent posts and made 1 890 permanent appointments.

Of the 1 890 permanent appointments made, 942 were external appointments, while 948 internal employees were promoted or transferred.

During the same period, 406 contract appointments were made.

13.8.3.

Concerning the Aspirant Prosecutor Programme, there was an intake of 425 aspirant prosecutors in January 2021.
Of this number, 286 were absorbed permanently as District Court Prosecutors.

The 2022 Aspirant Prosecutor intake is 308 aspirant prosecutors.

13.9 Allocation and expenditure 2021/22 and 2022/23 13.9.1.

The NPA was allocated R4.62 billion in 2021/22, compared to R4.3 billion in 2020/21, and spent R4.61 billion (or 99.72%) of the final budget, underspending by R13.2 million.

13.9.2.
13.9.2.

R74 million was shifted from the Department to the NPA in respect of Goods and Services related to overspending due to State Attorney payments.

13.9.3.

The R13.2 million underspending largely relates to Machinery and Equipment (R12 million) due to delays by the service provider in the delivering laptops before the end of the financial year.

13.9.4.

The budget reflects the focus of the NPA on its core mandate, with 79.34% of the total budget allocation spent on the NPS.
The SOC provides centralised support services, such 44 54 as security, fleet and ITC services, for which 12.58% of the total budget allocation was spent.

13.9.5.

Additional funding of R1.8 billion has been requested through the MTEF process to enable the NPA to continue with the fight against crime and corruption.

13.9.6.

The NPA is allocated R4.9 billion for 2022/23, compared with R4.6 billion in 2021/22.
The NPA receives an additional R1.1 billion over the medium term, as follows: R422.7 million in 2022/23; R327.3 million in 2023/24 and R342.05 million in 2024/25.

Specifically, an allocation of R393 million over the medium term is made to the Investigating Directorate sub-programme.

The NPS sub-programme accounts for 77.21% of the 2022/23 budget.
Table 14: NPA: Allocation for 2022 MTEF SUB-PROGRAMME BUDGET 2021/22 2022/23 2023/24 2024/25 R’000 000 ADJUSTED National Prosecutions Service 3 507.3 3 706.4 3 666.7 3 871.4 Investigating Directorate Asset Forfeiture Unit Office of Witness Protection Support Services Total 106.4 195.2 196.6 467.- 243.6 212.4 219.9 528.0 236.1 210.2 221.5 536.5 246.7 219.7 231.4 560.4 4535.6 4 910.3 4 870.9 5 089.6 Change to 2021 estimate - 89.4 422.7 342.0 13.9.7.
The NPA has registered that it requires a further R750 million per annum and R1 billion per annum for it to respond to the Zondo Commission reports and for longer term ‘structural needs’ to strengthen the NPA’s capacity as part of the criminal justice system’s response to rising crime levels.

13.10 Non-financial performance 45 55 13.10.1.

Overall, in 2021/22, the NPA achieved 10 of 14 or 71% of indicators, compared to 50% of indicators in 2020/21.

13.10.2.
13.10.2.

Areas of underperformance were as follows: • Conviction Rate in Complex Commercial Crime (ENE Indicator): The conviction rate was 90.5% against a target of 93%.

The reasons for the failure to reach the target are listed as the failing memory of witnesses, uncertainty in evidence, contradictions and uncorroborated evidence.
Interventions include expediting high-profile corruption cases nationally and provincially; focused attention on cases longer than 2 years on the court roll; prioritising high-level corruption matters; and closely monitoring progress.

• Number of government officials convicted of corruption and/or offenses related to corruption (ENE Indicator).

A total of 130 government officials were convicted of corruption and/or offenses related to corruption against a target of 232.
The NPA does not have control over the number of cases received.

The cases were intricate and there were several legal challenges causing delays.

• Number of cases involving money laundering.

There were 86 money laundering cases against a target of 100.

The target was not achieved because money laundering matters usually consist of several charges and intricate financial investigations, which are time consuming, and trials are protracted with several legal challenges.
A lack of skills and capacity to dedicate staff to highly complex and voluminous matters is still a challenge in the NPA and in the criminal justice system.

Value of recoveries relating to corruption or related offences (ENE and MTSF Indicators).

R3.3 million was recovered relating to corruption or related offences against a target of R311 million.

Serious corruption cases take a long time to finalise.

In many cases, huge amounts are under restraint and will remain so until the accused are convicted.
Accused in high-value corruption cases have the means to vigorously oppose all actions, which leads to delays in the finalisation of cases.

13.11 Committee’s observations in the 2021 BRRR: The Committee observed as follows: 46 56 • Budget reductions.

The Committee opposed any attempt to reduce the NPA’s budget, highlighting the NPA’s key role in efforts to rebuild the economy and society.
An under-resourced NPA will render the JCPS Economic Recovery Plan ineffective, as the NPA will be unable to address corruption, GBV and organised crime.

The Committee noted that there are various initiatives underway to strengthen the NPA.

• NPA’s performance.

The Committee welcomed the NDPP’s honesty about the NPA’s performance not being as it should be for the reasons that were presented.
The Committee also acknowledged that the NPA had previously warned the Committee that Covid-19 would affect the NPS’ performance, in particular.

Although the Committee was disappointed, it accepted that it would need to be patient.

• Asset Forfeiture Unit.

The Committee noted the AFU’s poor performance.

Many of the AFU’s prosecutors and investigators were moved to the ID, and therefore, the AFU has a high vacancy rate for both prosecutors and investigators.

The appointment of Adv.


R Rasethaba to head the AFU was the first step in addressing the situation, and there is a process underway to develop a turnaround strategy.

• Strengthening the independence of the NPA.

The Committee requested that it be kept updated on the progress of discussions to give effect to the NPA’s operational independence.

• Recruitment.

The Committee requested that it be provided with an update on the progress of the NPA’s recruitment drive.

• Corruption-related cases.


The Committee welcomed the continued prioritisation of corruption cases for their swift finalisation and the reorganisation of resources to that end.

13.12 Linking financial and non-financial performance information.

In 2021/22, the NPA achieved 71% of its targets, compared with 50% in 2020/21, and spent 99.7% of the allocated budget.
14 Legal Aid South Africa 47 57 14.1 Legal Aid SA is an autonomous statutory body that derives its mandate from the Constitution, 1996; the Legal Aid South Africa Act 39 of 2014; and other legislation requiring the government to provide legal assistance to the indigent.

Its main objective is to make legal representation available to indigent persons at State expense, ensuring the right of all citizens to access to justice.
Notably, the Legal Aid South Africa Act, 2014, provides that Legal Aid SA must render or make available legal aid and legal advice; provide legal representation at state expense; and provide education and information concerning legal rights and obligations, as envisaged in the Constitution.
14.2 In line with its mandate, Legal Aid SA continues to identify the following priority groups: children; every detained person, including sentenced prisoners; every accused person who wishes to appeal or review a court decision in a higher court; women, particularly in divorces, maintenance and domestic violence cases; and the landless, especially eviction cases.
14.3 In the last quarter of 2021/22, management of the legal representation function of the Land Rights Management Facility (LRMF) of the Department of Agriculture, Land Reform and Rural Development was transferred to Legal Aid SA.

Through the newly established Land Management Unit, Legal Aid SA now provides legal representation and advice services in land disputes for those who cannot afford legal representation.
Most legal practitioners who were previously providing legal representation to farm occupiers, labour tenants and restitution claimants through the LRMF have accredited with Legal Aid SA on the Judicare system and continue to provide legal services as required.

14.4 The financial year 2021/22 is the second year of the Strategic Plan 2020-2025.

Legal Aid SA’s plans are aligned with the MTSF priority ‘Social cohesion and safer communities’.
The strategic outcomes for 2020-2025 are to provide quality justice for all, especially, the poor and vulnerable, and to be a respected, high performance, sustainable and accessible public entity that will have a positive impact on society, the economy and the environment.

14.5 Delivery continues to occur nationwide through 64 Local Offices, 64 Satellite Offices, 6 Provincial Offices and the National Office.
In addition, Legal Aid SA makes use of 48 58 accredited Judicare partners; co-operation partners and agency agreements with private law firms to deliver services.

This ensured a mixed model delivery system in which 96% of all new matters were handled by the Local Offices; approximately 3% by Judicare practitioners and through Agency Agreements; and 1% by co-operation partners.

14.6 Human resources 14.6.1.


For 2021/22, Legal Aid SA reported a staff establishment of 2 468 recruited staff with 2 689 budgeted posts; compared to 2 551 recruited staff with budgeted posts at 2 799 in 2020/21.

Legal staff, including paralegals, account for 77% of recruited staff.

Recruitment was at 91.8% compared to the annual target of 95%.

Legal Aid SA advises that budget cuts have impacted on staffing and recruitment, as a moratorium has been placed on staff recruitment over the MTEF period.
14.6.2.

At management level, Legal Aid SA reports that it had experienced two key changes at the Executive level in 2021/22, namely the Chief Financial Officer position became vacant when Ms P Mbingo resigned on 31 July 2021, and the National Operations Executive position became vacant due to the retirement of Adv.

B Nair on 31 January 2022.


Both positions have been filled: Ms T Mofokeng is appointed as the Chief Financial Officer with effect from 1 January 2022; and Mr T Mtati was appointed as the National Operations Executive with effect from 1 January 2022.

14.6.3.
14.6.3.

In terms of employment equity targets for overall total staff, Legal Aid SA reports the following for 2021/22: Table 15: Legal Aid SA – Employment equity targets for total staff Total staff Black African People with disabilities Target 91% 79% 2% 14.6.4.
Targets for Senior Management: Actual 90.8% 76.2% 1.6% 49 59 Table 16: Legal Aid SA – Employment equity targets for senior management Senior management Target Black African Women 91% 79% 45% 14.7 Financial performance 2021/22 Actual 80.17% 64.4% 42.24% 14.7.1.

Legal Aid SA had a final budget of R2.13 billion for 2021/22 (compared with R1.9 billion in 2020/21): Of this, an amount of R2.03 billion was in grant funding and subsidies.
In addition, Legal Aid SA received funds for the Land Rights Management Unit (LMRU) from the Department of Agriculture, Land Reform and Rural Development (DALRRD)of R33 million, R11 million for the Specialised Commercial Crimes Court (SCCC) and R3.5 million for the development of the eLAA system.

14.7.2.
14.7.2.

National Treasury approved a retention of surplus funds from 2020/21 of R39.7 million and a portion was used to fund the Land Rights Management Unit that was transferred from the DALRRD in the last quarter of 2021/22.

The retained surplus allowed for the interim establishment of the function and the taking over of matters.

The funding for the last quarter of 2021/22 was received from the DALRRD in April 2022.
The function is established within Legal Aid SA and the budget allocation will be received after the Medium Term Budget Policy Statement.

14.7.3.

Legal Aid spent R1.97 billion or 95% of the budget, which is below the targeted expenditure trend of 98%.

14.7.4.

Salary and related costs are the main cost drivers, accounting for 79% of the allocation.
The staff rationalisation initiative contributed towards the increase in surplus funds and an amount of R9.4 million unspent is related to the vacancies in the approved structure.

50 60 14.7.5.

The operational budget makes up 12% of the allocation and is used for goods and services.

The delays in finalising procurement processes and suspension of procurement by the National Treasury resulted in underspending of R60.5 million (16.5%) in the operational budget.

14.7.6.
14.7.6.

The capital budget is 2% of the allocation: R10 million of the budget went unspent because of global supply chain constraints aggravated by the Covid-19 pandemic and the delay in securing service providers for the refurbishment of newly acquired office accommodation 14.7.7.

Payments to creditors and Judicare payments within 30 days were recorded at 97.3% and 99.1% respectively, with the target of 100% for each not met.

14.7.8.
14.7.8.

There was irregular expenditure of R566 322 identified in 2021/22 relating to the current and prior period.

14.7.9.

Of the R50 754 in fruitless and wasteful expenditure identified for the current and previous period, R25 751 was recovered.

14.7.10.

Notably, the Minister has recently approved that Legal Aid SA be permitted to purchase office buildings.

The Entity will commence with this procurement from 2022/23.
A recent tender for proposals to conduct research and development on lease and acquisition of office building accommodation and develop a detailed geographical model execution plan for Legal Aid SA was published on 13 September 2022.

14.7.11.

Legal Aid SA is allocated R2.11 billion for 2022/23 in grant funding.
There are additional allocations of R11.2 million in 2022/23, R11.3 million in 2023/24 and R11.8 million in 2024/25 to fund the cost of 15 legal practitioners appointed in 2021/22 to service newly established Specialised Commercial Crimes Courts in Limpopo, Mpumalanga, North West and the Northern Cape.

14.7.12.
14.7.12.

Legal Aid SA’s baseline is reduced by R352 million or 15% over the MTEF of 2021/22 to 2024/25, with the expectation that it reduces compensation to employees by R125 51 61 million and goods and services expenditure by R227.6 million during this time.

This has had a negative impact on service delivery, as 80% of the budget is spent on employee costs and legal practitioners make up 79% of the total staff component.
Vacant permanent positions have not been filled due to lack of certainty regarding future funding requirements.
The impact of the baseline reduction on Judicare, staffing, service delivery and coverage is as follows: Table 17: Legal Aid SA – Impact of Budget reductions Judicare Staff Criminal matters Coverage District Court Regional Court Civil matters Advice 2021/22 2022/23 -R8.8 million -R7.6 million -131 -33 945 82.1% 90.8% -171 -52850 76.5% 85.4% 236 355 (-11%) 209 985 (-10%) Civil matters 40 034 36 034 (-8%) 14.8 Non-financial performance 14.8.1.
Legal Aid SA reports that a total of 487 552 people were provided with legal representation and legal advice in 2021/22, which is a 31% increase when compared with 2020/21.

This consists of 314 998 (89%) new criminal matters, 40 143 (11%) new civil matters and 132 411 legal advice matters.

14.8.2.
14.8.2.

Although the number of legal advice matters increased from 75 624 in 2020/21 to 132 411 in 2021/22, this is still 57% below the target of 305 050 matters for 2021/22, and is considerably less than the 266 055 legal advice matters achieved in 2019/20.

52 62 14.8.3.

Overall, Legal Aid SA finalised 360 655 matters, comprising of 317 546 (88%) criminal matters and 43 109 (12%) civil matters.

This is 9% more finalised matters than in 2020/21.

14.8.4.
14.8.4.

Legal Aid SA assisted 11 686 children in 2021/22, of which 6 935 (59%) were children in conflict with the law and 4 751 (41%) children involved in civil matters.

14.8.5.

A total of 49 matters were assessed for recognition as strategic litigation matters in 2021/22, and 19 were approved.

A success rate of 93% was achieved for the 13 finalised matters: 12 matters had a positive outcome and one had a negative outcome.

14.9 Audit performance.


In 2021/22, Legal Aid SA achieved an unqualified audit opinion for the twenty-first consecutive year and a clean audit outcome for the fourteenth year.

14.10 Linking financial and non-financial performance • Overall, Legal Aid SA provided 487 552 persons with legal aid; finalised 360 655 matters; achieved 84% of predetermined objectives for 2021/22; and achieved a clean audit outcome.
• However, Legal Aid SA reports spending only 95% (R2.02 billion) of its allocated budget of R2.13 billion, which is 3% less than planned expenditure.

• A total of 79% of the budget is spent on employee costs, and legal practitioners make up 77% of the total staff component.

Vacant permanent positions have not been filled due to lack of certainty on future funding requirements.

Recruitment for 2021/22 was at 91%, which is considerably less than the target of 95%.

There is no relief capacity.


• It should be noted that although the number of new matters has increased when compared to 2020/21, the number of new matters remain fewer than before the Covid- 19 pandemic.

• In terms of court coverage, actual court coverage was 84% in the District Courts, against a target of ≥ 80%, and 81% in the Regional Courts, against a target of ≥ 90%.

• Regarding civil matters, the number of legal advice matters is significantly below the target.
53 63 15 Special Investigating Unit (SIU) 15.1 The legislative mandate of the Special Investigating Unit (SIU) is derived from the Special Investigating Unit and Special Tribunals Act 74 of 1996, as amended.

The SIU’s principal function is to investigate serious malpractices, maladministration and corruption in connection with the administration of state institutions, state assets and public money, as well as any conduct, which may seriously harm the interests of the public.
Matters are referred to the SIU through presidential proclamations that set out the scope of the investigation.

The SIU also: • Institutes and conducts civil proceedings in any court of law or special tribunal, in its own name or on behalf of state institutions.

• Brings potential disciplinary matters to the attention of state institutions.

• Provides for the secondment of SIU officials to improve departmental systems.
15.2 Notably, a review of the SIU’s founding legislation during 2021/22 has revealed that amendments could enhance the efficacy and impact of the SIU.

A draft Bill was drafted with the Department for inclusion in the legislative programme.

15.3 The SIU’s key law enforcement relationships include those with the National Prosecuting Authority, Financial Intelligence Centre, Directorate for Priority Crime Investigation (Hawks), South African Revenue Service and South African Police Service.
15.4 Over the years, it has proved challenging to ensure the implementation of recommendations by state institutions and government departments that were investigated.

To address this, the Presidency has collaborated with the SIU to set up a structure that will monitor implementation of SIU recommendations.
15.5 The SIU is a part of the Anti-Corruption Task Team (ACTT), which was established to fast–track investigations and prosecutions of serious corruption cases; and is also part of the Fusion Centre, which was established to deal with corruption in respect of the procurement of Personal Protective Equipment.

54 64 15.6 The SIU locates its role under the MTSF priorities: ‘Social Cohesion and Safe Communities’ and ‘A capable, ethical and developmental state’.
The MTSF envisages an improvement in corruption perception by the end of the five-year period.

The SIU is to contribute by reducing levels of fraud and corruption in the private and public sectors; freezing money and assets; establishing and strengthening the capacity of the Special Tribunal for civil recoveries; and increasing the use of the Financial Intelligence Centre’s Reports in identifying high priority cases.

15.7 Audit outcome.
15.7 Audit outcome.

The SIU maintained a clean audit outcome in 2021/22 (its sixth consecutive clean audit since 2016/17), although the Auditor-General did note the issue of material debt impairment.

15.8 Human Resources • As at the end of the 2021/22, the staff complement was 587, of which 496 (86%) are permanent and 91 (14%) on fixed term contracts.

Notably the staff complement has increased from 532 at the end of 2020/21, of which 509 (96%) were permanent and 23 (4%) on fixed-term contracts.
• The vacancy rate as at the end of 2021/22 was 12% as compared to 15% at the end of 2020/21.

• The staff turnover for 2021/22 was 20 or 3.4% compared to 2.6% in 2020/21.

Resignation and death accounted for 55% and 25% respectively of the staff turnover.

• Overall, male employees are at 71%, compared to 62% in the previous year; female employees are at 29%, compared to 38% in 2020/21; and 1.8% are persons with disabilities.
There were 39 (31%) women employed in top and senior management positions, as well as in the professional skilled category.

15.9 Financial performance 15.9.1.

The SIU’s funding model provides for a baseline grant from National Treasury.

In addition, the SIU charges state institutions for its services, thus raising additional revenue.

The recovery of debts from state institutions for services has proven to be a challenge.
The 55 65 value of outstanding debtors at the end of 2021/22 was R830.2 million, compared with R618.8 million at the end of 2020/21, increasing by R211.4 million.

15.9.2.

The approved budget allocation for 2021/2 was R917.8 million (compared to R756 million in 2020/21), consisting of R437.9 million received from a government grant, R447.5 million in project revenue and R32.4 million in other non-tax revenue.

15.9.3.

In 2021/22, the SIU spent R832.4 million or 91% of the projected revenue.
The SIU reports that its finances are positive, despite challenges in the recovery of amounts that it has invoiced for investigation and related services performed.

As at 31 March 2022, the SIU had an accumulated surplus of R921.2 million that it has managed to build over past years.

15.9.4.

The Unit’s main cost driver is compensation of employees.

The Unit reported spending R488.1 in 2021/22, compared with R431 million in 2020/21 on this item.

This is 58.6% of the SIU’s total expenditure.


15.10 Non-financial performance 2021/22 15.10.1.

The SIU’s Strategic Plan 2020 – 2025 identifies certain high impact initiatives and interventions for the MTSF period: • Pursuing Priority High-Impact Targets to optimise the deployment of its resources.

• Rejuvenating the organisation by investing in critical parts of the business.

• Differentiating the SIU through its ‘unique offerings’.
• Enforcing consequence management measures through a monitoring and evaluation competency (with the Auditor General).

• Pursuing civil litigation.

• Applying cutting-edge data analytics and technology.

• Optimising the uniqueness of the Special Tribunal.

15.10.2.

The SIU has three programmes: 56 66 Table 18: SIU – programmes PROGRAMME RESPONSIBILITY Administration Responsible for the provision of business oversight and enablement services to the core business units of the SIU.
Investigations and Responsible for ensuring the adequate execution of the mandated Legal Counsel service delivery of the SIU.

Market Data Responsible for the implementation of relevant and proactive initiatives Analytics and to prevent the reoccurrence of fraud and corruption cases as a result of Prevention systemic weaknesses in the public sector and to positively influence the behaviour of South African citizens 15.10.3.
Key reported achievements for 2021/22 are as follows: • R5.96 billion value of potential cash and/or assets recovered.

• R6.26 billion value of potential loss prevented.

• • 570 referrals made to the relevant prosecuting authority.

54 cases issued in the Special Tribunal.

• R436 million value of actual cash and/or assets recovered.

• • • • 469 referrals made for disciplinary action against officials and/or executives.

28 135 investigations closed under a published proclamation.
19 reports submitted to the Presidency.

100% centrally registered allegations assessed by the Assessment Committee.

• R5.54 billion value of contract(s) and/or administrative decision(s)/action(s) set aside or deemed invalid.

• 24 786 referrals made for administrative action.

• R3.37 billion value of matters in respect of which evidence was referred for the institution or defence/opposition of civil proceedings.

• 100% allegations centrally registered for electronic tracking.

15.10.4.
15.10.4.

At programme level, the SIU reports that, in 2021/22, it achieved all 17 or 100% of planned targets (compared to 75% of targets in 2020/21 and 69% of targets in 2019/20).

57 67 15.10.5.

Notably, under the Investigations and Legal Counsel programme, the SIU far exceeded its targets across all the 11 performance indicators.
Some of the investigations that attributed to the civil litigation outcomes were the Transnet, Eskom and the Department of Water and Sanitation investigations, as well as the investigations into corruption, maladministration and practice relating to PPE procurement.

15.10.6.

Further, the establishment of the Special Tribunal in 2019 has significantly contributed to the achievement of the civil litigation outcomes of the SIU investigations through adjudication and expediting the recovery of state funds.
During 2021/22, 54 cases with a contract value of R9.9 billion were instituted at the Special Tribunal, with another 96 cases with the contract value of R65 billion ongoing in the Special Tribunal and High Court from previous financial years.

15.10.7.

Another highlight is the Presidential report that was submitted in December 2021 on the investigations into corruption, maladministration and practice relating to PPE procurement during the Covid-19 pandemic, which cut across all spheres of government.
The SIU identified 5 345 questionable contracts worth R144.1 billion.

Of these, 64% were found to be irregular, and civil litigation was instituted to the value of R2.1 billion, while R9.5 million was recovered and R114.2 in potential loss was prevented.

Money that can potentially be returned to the state totals R82.5 million.
The PPE investigation is, however, still ongoing and interim and/or final reports for outstanding investigations will continue to be submitted to the Presidency during the 2022/23 financial year.

15.11 Linking financial and non-financial performance: • In 2021/22, the SIU achieved 100% of planned targets while spending 91% of the budget.

• Under the Investigations and Legal Counsel programme, the SIU far exceeded its planned targets.
• The SIU has maintained its clean audit opinion although the AGSA flagged the Unit’s debt impairment as concerning.

• The SIU conducted a perception survey during 2021/22, which was designed to capture perception of the respondents on four crucial elements, namely investigations 58 68 of allegation on maladministration and corruption, recovery of financial losses, whistleblowing and independence.
Most of the respondents held an overwhelmingly positive view of the organisation, rating its work and ability to investigate allegations of corruption and maladministration highly.

These perceptions were formed from media reports and from first-hand experience of the SIU’s activities.

Areas for improvement included the ability of the SIU to recover the state’s financial losses and its independence.
16 SOUTH AFRICAN HUMAN RIGHTS COMMISSION (SAHRC) 16.1 The SAHRC’s constitutional mandate is extremely wide, encompassing almost every aspect of civil, political and economic rights.

It must promote respect for human rights; promote the protection, development and attainment of human rights; and monitor how well human rights are observed.
The Constitution also provides that each year the Commission must require relevant organs of state to provide it with information on measures taken towards the realisation of the socio-economic rights contained in the Constitution.

16.2 The Commission has other mandates, including: • The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 (PEPUDA).

• The Promotion of Access to Information Act, 2000 (PAIA).
• Coordinator and functionary of a multi-body National Preventive Mechanism (NPM) established in terms of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

• Monitoring and reporting on the Convention on the Rights of People with Disabilities (CRPD).

The CRPD was ratified by South Africa in 2007.


In September 2018, the United Nations recommended that South Africa should expedite the designation of an Independent Monitoring Mechanism (IMM).

The Commission has been designated as the IMM under the CRPD.

This places obligations on the Commission to fully establish and ensure the functionality of the IMM, and monitor and report on 59 69 compliance with the requirements of the CRPD to the United Nations Committee on the Rights of Persons with Disabilities.
• Monitoring and reporting on the Convention on the Rights of the Child (CRC) and International Covenant on Economic, Social and Cultural Rights (ICESCR).

16.3 The MTSF specifically identifies the Commission as contributing to: • The promotion of the Constitution and its values in schools, awareness campaigns, public engagements and dialogues.

• The development of a system to ensure consistent barrier free access for persons with disabilities to justice across the justice value chain.
• Strengthening and expanding protection measures for children and for adults with disabilities in institutionalised settings, such as special school boarding facilities, mental health care facilities and residential facilities.

16.4 Performance planning.


The SAHRC’s Strategic Plan 2020-25 provides for mandate- linked strategies: • Promotion - Enhancing human rights advocacy, visibility and awareness programmes by conducting high impact engagements to influence policy, legislation and its application; establishing strategic partnerships for capacity and collaboration; empowering communities and the public to proactively engage with human rights issues; and utilising media platforms to raise awareness and increase visibility.
• Protection – Increasingly using redress mechanisms to minimise human rights violations by instituting strategic impact litigation and proactively conducting investigative inquiries and hearings.

• Monitoring – Comprehensive human rights monitoring and impact evaluation by strengthening and applying a comprehensive monitoring system to assess the state of human rights.
16.5 The Commission carries out its mandate though four programmes: Administration; Monitoring the observance of human rights; Promotion of human rights; and Protection of human rights.

60 70 16.6 Human resources.

• The Commission reports an overall vacancy rate of 20% as at 31 March 2022, with 158 posts filled of 198 approved posts (The vacancy rate in 2020/21 was 19%).

At senior management level, the vacancy rate is 31%.
In respect of vacancies by critical occupation there is a 54% vacancy rate for research, 33% vacancy rate for advocacy and communications and 9 % vacancy rate for legal.

• The turnover rate was 6% for 2021/22.

• One consultant was employed at a cost of R346 080 to develop a Balance Scorecard for managers.

16.7 Audit outcome.

16.7.1.

In 2021/22, the SAHRC received an unqualified audit opinion, with repeat findings on compliance and performance information.
The Auditor-General recommended that the Committee monitor the filling of vacancies, especially key positions such as the CFO.

Details of the findings are provided below: Table 19: SAHRC Audit findings 2021/22 FINDING DETAILS Emphasis of matter • The institution incurred irregular expenditure to the amount of R10.79 million.
Procurement and • Some of the goods and services were procured without obtaining contract management at least three written price quotations and some of the awarded contract prices were not market related.

(REPEAT) • Some of the contracts were not awarded in an economical manner and or the prices of the goods were not reasonable (NEW).
• Some of the contracts were awarded to bidders based on functionality criteria that were not stipulated in the original invitation for the bidding as required by the 2017 Preferential Procurement Regulations (NEW).

61 71 FINDING DETAILS • Some of the tenders which achieved the minimum qualifying score for functionality criteria were not evaluated further in accordance with the 2017 Preferential Procurement Regulation (NEW).
• Some of the bid documentation/ invitation to tender for procurement of commodities designated for local content and production, did not stipulate the minimum threshold for production and content as required by the 2017 Preferential Procurement Regulation (NEW).

• Payment of invoices within 30 days (new finding) Irregular expenditure Evaluation and adjudication criteria not applied consistently.

R10.7 Non-adherence to million (REPEAT).


policies and procedures Payment of invoices Payment were not made within 30 days or agreed period after receipt within 30 days of an invoice (NEW).

Consequence management The AG was unable to obtain sufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred irregular expenditure.

This was because investigations into irregular expenditure were not performed.
(REPEAT) Asset management The institution did not determine if any state institution involved in education and training required computer equipment before disposing equipment.

(NEW) Internal control The Commission did not have sufficient monitoring controls to deficiencies ensure the proper implementation of the overall process of planning, implementation and reporting on financial and performance information.
(REPEAT) Although an action plan to address internal and external audit findings, is in place the appropriate level of management did not monitor adherence to the audit plan in a timely manner.

There are findings long dated that remain open and not addressed (REPEAT).

62 72 FINDING DETAILS The overall senior manager vacancy rate regressed from 13% to 17% in 2021/22 (NEW).
Investigations The Commission conducted investigations into (i) payment in to incorrect supplier bank account; and (ii) theft of laptops.

However, both investigations had limited scope and depth necessitating the services of an external service provider (approved by the Acting CEO).

However, a service provider has not yet been appointed to determine any willful intent in the transgression or neglect.

(NEW).
(NEW).

Performance information • The credibility of the reported performance information questionable and, therefore, the reported targets achievement (concerning reported might not be a true reflection of the actual performance.

information for the • Furthermore, in the absence of supporting evidence, the service Promotion of Human delivery to the citizens is unknown Rights programme) 16.7.2.
The Auditor-General identified the following as being root causes for the findings: • Slow response in filling critical vacancies, especially in the Finance Unit, which led to a lack of segregation of duties.

In particular, the CFO position is vacant.

• Inadequate monitoring of the action plan to address assurance provider findings especially on compliance with SCM legislation.
• The instability in the CFO position during the year led to an increase in non- compliance areas in SCM and expenditure management.

• Capacity constraints in the strategic support and governance unit.

16.7.3.

Audit Committee: The Audit Committee expressed concern, as was the case in 2020/21, about the low implementation of action plans.

The Audit Committee also reported as follows: • Compliance.
Areas of non-compliance were identified within Supply Chain Management which requires improvement in monitoring controls.

• Internal Controls.

The internal auditors and the Auditor-General identified significant non-compliance with policies and procedures.

63 73 • Risk management.

The Commission’s approach to risk management is partially adequate and effective.

There is a need to improve the system of risk management through annual risk assessments and implementation of the Risk Management Strategy.
• Performance management.

The performance management objectives received an adverse opinion from the external auditors in the prior year due to lack of adequate performance evidence.

Internal audit embarked on an exercise of performance evidence gathering using a Microsoft platform and all business units were trained in its use.

16.7.4.
16.7.4.

The Commission reports that it has taken the following corrective actions to address the audit findings: • The Executive Authority has engaged with the Auditor-General for strategic advice.

• Information systems are being digitized and automated for improved document management and to promote efficiency and accessibility of information.

• The performance indicators have been revised to meet SMART criteria and planning information has been subjected to expert review.
• The services of experts have been procured to enhance internal auditing of performance information.

• Internal quarterly performance information workshops have been convened with all staff.

• A cross function Task Team has been established to assess, advise and act on the resolution of audit findings.

16.8 Financial performance 2021/22 16.8.1 The Commission was allocated R197 million in 2021/22 and spent R196 million.
Notably, the baseline was adjusted down by –R16.5 million in 2021/22; –R20.8 million in 2022/23; and –R10.4 million in 2023/24).

16.8.2 The most significant cost driver remains the compensation of employees’ budget at R140.14 million, compared with R128.54 million in 2020/21.
The higher personnel costs 64 74 are as a result of (i) monitors that were engaged on a contract basis but budgeted for in the provincial office budgets and (ii) extra assistance that was engaged for special projects such as the July 2021 Unrest hearing.

16.8.3 There was a significant increase in irregular expenditure in 2021/22 to the value of R10.79 (compared to R2.39 million in 2020/21).

This was incurred due to non-adherence to policies and procedures.
There was no fruitless and wasteful expenditure incurred (compared with R2.4 million in 2020/21).

16.8.4 Allocation 2022/23: The Commission is allocated R209.5 million for 2022/23 but reports a surplus of R11 million, rolled over from 2021/22, which brings the available budget for 2022/23 to R220.5 million.
Table 20: SAHRC – Budget 2022 MTEF PROGRAMME 2021/22 2022/23 2023/24 2024/25 (R’million) REVISED Administration 72.2 79.7 77.7 82.6 Monitoring observance of human rights 9.5 9.7 9.8 10.1 Promotion of human rights 106.5 106.8 108.3 112.7 Protection of human rights Total 9.8 198.0 13.3 209.5 13.6 209.3 14.1 219.5 16.8.5 In previous budgets, the Commission has been affected by baseline reductions.
However, in 2022/23, additional funding is allocated to the Commission, as follows: • A once‐off allocation of R5 million in 2022/23 for ICT infrastructure.

• Additional allocations amounting to R17 million over the MTEF (R8 million in 2022/23, R4 million in 2023/23 and R5 million in 2024/25) to fulfil the Commission’s commitments to the United Nations Optional Protocol to the Convention Against Torture.
65 75 16.9 Non-financial performance 2021/22 16.9.1 Overall, in 2021/22, the Commission achieved 27 of 44 indicators or 61% of targets in 2021/22, compared with 64% of its targets in 2020/21.

The decline in performance is attributed to delays in procurement processes, misinterpretation of the performance indicators and capacity constraints.

16.9.2 Reported achievements for 2021/22 include: • July Unrest Hearings.

The Commission responded to the July Unrest through an Imbizo.
This initiative provided a platform for the public and all other stakeholders to discuss the state of human rights and challenges in the country that led to the unrest.

An Investigative Hearing was held in KwaZulu-Natal and Gauteng, with the purpose of fact finding and ensuring accountability for the unrest.

• Protection of whistle-blowers.

The Commission hosted a summit on the protection of whistle-blowers with local and international stakeholders.

• Water and Sanitation.


Provincial hearings were held in Mpumalanga and North West focusing on service delivery in relation to access to water and sanitation within communities and in schools.

• School infrastructure.

This was a focus in North West Province, which highlighted the dire situation and non-compliance of most schools to the Minimum Uniform Norms and Standards for Public School Infrastructure.
The Commission has also decided to proceed to litigate against five provinces which still have schools that use pit latrines.

• Equality Litigation.

The work on equality remained a key focus for the Commission in the year.

A highlight was long awaited Constitutional Court’s judgement in the Qwelane matter.

• Equality toolkit.

The KwaZulu-Natal Provincial Office, in partnership with the Justice Department, conducted advocacy interventions on the Equality Toolkit in the north of KwaZulu-Natal.
The toolkit was distributed across all provinces.

• Racial discrimination in advertising.

The Commission convened an inquiry into allegations of racial discrimination or discrimination in advertising in South Africa.

66 76 • Investigative inquiry into service delivery challenges within local municipalities in Mpumalanga.

The inquiry followed service delivery complaints against various local municipalities in the province over the years.
The issues raised included the failure by municipalities to provide water and housing, sewage spillages, sewage treatment challenges, electricity outages, non-collection of refuse and potholes on the roads.

• National Preventative Mechanism.

The Commission remains the Secretariat for the National Preventative Mechanism along with other key stakeholders.
In addition to monitoring work, the NPM with other stakeholders, hosted its annual Human Rights and Policing Lecture that focused on core challenges within detention facilities.

• National Schools Moot Court Competition.

The Commission successfully hosted the final rounds of the National Schools Moot Court Competition.

This is an annual flagship event for the Commission as its objective is to ensure human rights education.

• Complaints.

The Commission finalised 7 129 complaints.


• The Commission met with the South African Council of Educators to discuss the integration of sexual offences registers and developments regarding the GBV Bills.

• With the South Africa Local Government Association, the Commission participated in research focussing on the Service Charter on Local Government in order to set out basic standards for service delivery at local government level.
• Engaged with the Housing Development Agency and the City of Tshwane concerning a commitment to complete 2000 houses.

• Entered a memorandum of understanding with the South African Depression and Anxiety Group to promote the rights of persons living with psycho-social and intellectual disabilities.

• Engaged with the South African Institute of Medico-Legal Experts to discuss challenges relating to the way in the which the Road Accident Fund dealt with claimants undermining access to justice.
• Celebrated the 25th anniversary of the Commission’s establishment through various activities.

• Undertook a proactive investigation of the North West Department of Health’s alleged debt to medical suppliers.

67 77 • Engaged with the National Student Financial Aid Schema on backlogs in applications and expanding methods of communication including remote access.

• Protected against unlawful evictions in various provinces.
• Monitored the response to the Commission’s recommendations in the report on the Inquiry into the Sewerage Problem of the Vaal River.
16.10 At programme level, the Commission reports the following: Table 21: SAHRC – Programme performance 2021/22 (with a comparison to 2020/21) PROGRAMME 2021/22 2020/21 ACTUAL TOTAL PERCENTAGE ACTUAL PERCENTAGE TARGETS ACHIEVEMENT ACHIEVEMENT Administration Promotion Protection Monitoring Total 5 10 5 7 27 13 15 8 8 44 38% 65% 63% 88% 61% 7/12 6/9 3/4 7/11 23/36 58% 67% 75% 64% 64% 16.10.1.
Administration: The Commission reports that it achieved 5 out of 13 targets in 2021/22 (38%), compared to 7 out of 12 targets (58 percent) in 2020/21.
Targets that were not achieved were as follows: Table 21: SAHRC Administration – Targets not met Percentage expenditure against budget 94.1% expenditure against a target of 98%- 100% expenditure Percentage implementation of Risk Management Plan 67.5% against a target of 80% - 100% implementation Percentage implementation of Recommendations of 2020- 15% against a target of 80% - 21 Remuneration Structures and Conditions of Service 100% implementation Report Percentage implementation of Internal Audit Plan 63% against a target of 80% - 100% resolution 68 78 Percentage resolution of Audit Findings 45% against a target o of 80% - 100% resolution Completion of Impact Monitoring and Evaluation report Report not completed.
Percentage implementation of Organisational Culture 60% against a target of 80% - Renewal Plan 100% implementation.

Completion of report on the sufficiency of the SAHRC Report not completed.

Budget by Sept 2021 16.10.2.

Promotion of human rights: The Commission reports that it achieved 10 out of 15 targets (66%) in 2021/22, compared to 6 out of 9 targets (67%) in 2020/21.
Targets that were not achieved were as follows: Table 22: SAHRC Promotion of human rights – Targets not met Percentage implementation of Action Plan Action plan not implemented against a target of based on 2020-21 Racial Polarisation implementing 80% - 100% of Action Plan on Conference Resolutions Racial Polarisation Conference Percentage implementation of Action Plan on 0% implementation against a target of 80% - Impact of Covid-19 on children and youth 100% implementation of Action Plan Conference Resolutions Percentage implementation of Action Plan on 0% implementation against a target of 80% - Provincial Human Rights Dialogue 100% implementation of Action Plan Resolutions Convening of Annual Provincial Human Convened 22 stakeholder engagements, but Rights Stakeholder Engagements most of the reported activities did not meet indicator definition.
Hosting of Virtual National Schools Moot Hosted in October 2021 instead of September Court Competition 2021 as planned.

69 79 16.10.3.

Protection of Human Rights: The Commission achieved 5 out of 8 targets (63%) in 2021/22, compared with 3 out of 4 targets (75 percent) in 2020/21.
The following targets were not achieved: Table 23: SAHRC Protection of Human Rights – Targets not met Institute strategic impact litigation 11 against a target of 15 Full (100%) utilisation of the CRM System to promote 98% against target 100% efficient and effective complaints handling utilisation of CRM System Review of the SAHRC Complaints Handling Procedures Revised but awaiting approval.

16.10.4.
16.10.4.

Monitoring of Human Rights: The Commission achieved 7 out of 8 targets (88%) in 2021/22, compared to 7 out of 11 targets (64 percent) in 2020/21.

The following target was not achieved: Table 24: SAHRC Monitoring of Human Rights – Target not met Submission of NPM OPCAT Monitoring The report was submitted in February 2022 Report against a target of September 2021.
16.11 Linking financial and non-financial performance: • Overall, the Commission’s performance has declined from 90% achieved in 2015/26 to 61% in 2021/22.

• A lack of funding has led to posts being frozen to contain costs.

Key vacant positions are substituted with contract and temporary assistance as a stop gap measure, which may create challenges with business continuity in coming financial years.

• Although the Commission achieved an unqualified audit outcome, there were both repeat and new findings.
The Auditor-General has highlighted key vacancies, especially within the Finance Unit and within strategic support and governance as contributing to the outcome.
17 Public Protector South Africa (PPSA) 70 80 17.1 The Public Protector is an independent constitutional institution whose mandate, broadly, is to support and strengthen constitutional democracy by investigating maladministration or improper conduct in state affairs or the public administration in any sphere of government and to take appropriate remedial action.

The Constitution also states that the Public Protector must be accessible to all persons and communities.
17.2 The PPSA’s Vision 2023 is underpinned by the following pillars: • Enhancing access to (PPSA) services.

• Engaging targeted communities in their mother tongue.

• Expanding the (PPSA’s) footprint.

• Leveraging stakeholder relations and formalising those relationships in Memoranda of Understanding.

• Projecting the image (of the PPSA) as being a safe haven for the downtrodden.

• Empowering people to understand their rights.


• Encouraging organs of state to establish effective internal complaints resolution units.

• Turning communities into their own liberators.


17.3 The PPSA has adopted a Strategic Plan 2020-2025 in terms of which it seeks to have the following impact: ‘Empower everyone at all levels of society to effectively engage organs of state about any injustice, service delivery failure or improper conduct and assist organs of state to establish and maintain efficient and effective governance and administration’.
17.4 Human Resources: As at 31 March 2022, the PPSA had 332 employees with approved posts of 368 (compared with 31 March 2021, the PPSA had 336 employees with approved posts of 356).

The vacancy rate as at 31 March 2022 was 9.78%, compared with 2020/21 at 4.8%.

17.5 Audit outcome.

17.5.1.

The PPSA once again achieved a clean audit opinion in 2021/22, although both the Auditor-General and Audit Committee identify areas of weakness.

71 81 17.5.2.
71 81 17.5.2.

The Auditor-General identified the following as concerning: The DPCI undertook an investigation at the PPSA following an anonymous complaint relating to procurement processes followed during the appointment of service providers during 2013/14 and 2014/15.

The investigation has since been completed and referred to the NPA, which decided not to prosecute the matter.

17.6 Financial performance 17.6.1.

In 2021/22, the PPSA had a budget of R374.7 million compared with R339 million in 2020/21.
A breakdown of the PPSA’s revenue is as follows: R329 million was from grant funding, R30.8 million was reprioritised from the Department in the Third-Quarter of 2021/22 and R11 million was from other income received.

17.6.2.

In 2020/21, the PPSA’s allocation was adjusted downwards by R16.1 million from its compensation of employees’ budget, which prevented the PPSA from filling critical vacancies or address ongoing issues with the aging ICT infrastructure.

17.6.3.
17.6.3.

At already mentioned, the PPSA received funds from the Department of R30.8 million in 2021/22.

This is the fifth consecutive year in which this has taken place.

The PPSA reports that total amount of reprioritised funds were received too late to spend but that the PPSA was given approval by National Treasury to retain the surplus.

The PPSA plans to use the money on projects.

17.6.4.

The PPSA spent R339.6 million or 91% of the total allocation, with a surplus of R35.1 million.

17.6.5.
17.6.5.

Compensation of employees remains the PPSA’s main cost driver at R245.9 million or 72% of the budget, while Administrative expenses consume R87.4 million.

17.6.6.

Notably, the largest line item in the budget under administrative expenses is consulting and professional fees (this includes legal fees) in the amount of R25.1 million.
72 82 Table 25: PPSA Consulting and professional fees 2017/18 2018/19 2019/20 2020/21 2021/22 R25.4 million R17.18 million R49.81 million R35.91 million R25.42 million 17.7 Allocation and expenditure First Quarter 2022/23 17.7.1.

The original approved budget for the PPSA amounts to R360.9 million.

17.7.2.

As at 30 June 2022, PPSA’s total expenditure was R78.3 million with spending on employee costs of R63 million (23%) and Goods and Services R14.3 million (17%).
The total expenditure trend of 22% is below average by 3% 17.8 Non-financial performance 2021/22 17.8.1.

The PPSA reports that it achieved six of seven or 86% of targets in 2021/22, compared with 10 of 12 or 83% of its targets for 2020/21.

17.8.2.

In terms of caseload, the PPSA received 6 826 new complaints (compared with 5 108 new complaints received in 2020/21), while finalising 6 886 matters (compared with 6 927 in 2020/21).

However, 3 198 actual investigations were finalised.
Table 26: PPSA – Caseload 2015/16 – 2021/22 CASES 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 Cases carried 5 331 4 254 5 255 4 390 4 089 3 363 1 997 over New cases 11 372 9 563 11 943 8 717 10 111 5 108 Sub-total 16 703 13 817 17 198 13 107 14 200 8 471 Cases referred 1 159 929 1 783 1 100 1 293 992 6 826 8 823 1 405 73 83 CASES 2015/16 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 Non- 580 606 1 251 876 911 676 798 jurisdiction cases Finalised 12 735 10 787 13 572 9 921 11 643 6 927 6 886 cases Total investigations finalized * - 7 874 9 771 8 226 9 198 5 334 3 189 *Note this is finalised cases less referred and non-jurisdiction cases 17.8.3.
Programme performance i.

The Administration programme had an approved budget of R139.4 million and spent R153.18 million, largely on contractual obligations, (i.e.

cleaning services, rental, buildings, parking, security and information technology).

The slight under-expenditure on the administration programme was, reportedly, as a result of the implementation of cost containment measures.
In respect of performance there is only one planned outcome for this programme ‘Clean audit achieved and maintained’ which was achieved.

ii.

The Investigations programme had an approved budget of R186.2 million and spent R181.3 million.

Four out of five targets were achieved or exceeded while one target – ‘Percentage of 2 years and older cases finalised’ was not achieved.

In this regard, 65% of cases older than 2 years were finalised against a target of 80%.

iii.
iii.

The Stakeholder Management Programme had an approved budget of R15.3 million and spent R11.62 million in 2021/22 The programme has one target for this programme, which it achieved.

17.9 2023 MTEF requirements Table 27: PPSA MTEF requirements 74 84 DESCRIPTION 2022/23 2023/24 2024/25 R'000 R'000 R'000 REASON Funding of critical 10 200 12 000 15 309 There are 23 critical posts to be filled.
From August positions (x 23) 2022 to March 2023, the estimated cost is R10.2 million; R12 million in 2023/24; and R5.3 million in 2024/25.

Recruitment has since been expanded to ensure diversity of skills among investigators which would in turn ensure quality and prompt investigation Section 194 7 000 0 0 On 9 June 2022, the Public Protector, Adv.

Busisiwe expenses Mkhwebane was placed on suspension by the President to pave way for the section 194 Parliamentary Committee Enquiry.
The Constitutional Court ruling stated that the Public Protector is entitled to legal representation.

The legal costs and travel costs must be paid by the PPSA, which was not budgeted for.

The estimated cost is R 7.0 million Security (provincial 6 127 6 446 6 774 The PPSA is currently not compliant with the and regional offices requirements of section 2 of the Control of Access to Public Premises and Vehicles Act 53 of 1985, which requires the deployment of security officers to conduct access control.
At a minimum the PPSA, should have two security officers in each office to manage access control.

The PPSA does not have physical security at the 16 of its 17 offices across the country - only the Head Office has physical security services.

As part of mitigation, a video alarm system was installed in the 16 offices - the contract is for 3 years.

75 85 Ideally, physical security guards are required at all offices.
The absence of physical guards poses threats to PPSA staff members, complainants, stakeholders and assets.

Currently 6 out of 17 offices have new PABX system PABX 900 100 100 being installed with new telephone management systems due to relocation of offices 17.10 Committee’s 2021 BRRR observations and recommendations: • The Committee did not support budget reductions in the case of the PPSA.

• The Committee noted that the PPSA continued to maintain that the current budget is inadequate.
In this regard, the Committee has previously supported increased funding for the PPSA.

However, in the 2022/23 Budget Report, the Committee welcomed the PPSA’s report that its funding pressures had eased as a result of additional funding.

As a result, the PPSA has been able to provide for ICT infrastructure, an e-library, 22 staff posts and an electronic document management system.

Current funding pressures include the filling of 22 additional positions, with estimated costs of R15.1 million.
• The Committee once more requested that the PPSA keep it informed of the number and progress of review applications and the associated litigation costs.

17.11 Linking performance to spending • In 2021/22, the PPSA achieved 86% or 6 of 7 targets and spent 91% of its budget.

• The PPSA maintained a clean audit opinion.


18 Committee observations The Committee makes the following observations: 18.1 Funding 76 86 The Committee has previously expressed its concern about the effect of the budget reductions to the Vote allocation for the MTEF on the salaries budget.

These budget reductions are applied in a service delivery environment and negatively impact on the capacity available to deliver justice services.
We have also argued that rather than encouraging efficiency, a chronic lack of resources can actually result in the very opposite.

We have reported our observation that officials working in the Lower Courts are not adequately resourced and note that the observation is confirmed by the NPA, which makes similar observations in its Annual Report.
The lack of available resources in respect of the Lower Courts is widely attributed to budget cuts to the Court Services programme, despite this being the programme responsible for the delivery of – or at least providing accommodation for - the majority of court services.
We note that the NPA has put forward a request for additional funding over the medium term and are heartened by the Minister of Finance’s statement that the NPA and SIU are among the institutions that will receive further allocations to improve the fight against corruption and advance the recommendations of the Judicial Commission of Inquiry into State Capture (Zondo Commission).
These resources will help the institutions to identify sophisticated financial crimes, prosecute offenders, and recover money and assets that are the proceeds of fraud and corruption.

The additional resources will be outlined in 2023 budget.

We unreservedly support these additional allocations, As we have stated on several occasions, the Chapter 9 institutions within the portfolio are historically underfunded and, as such, we are opposed to any cuts to their budgets.
It is apparent to us that funding prevents both the PPSA and the SAHRC from appointing the capacity they require and that this is highly prejudicial to their ability to perform the work they are constitutionally mandated to do.

We repeat our view that the budget arrangements to these institutions do not support their unique role within our constitutional architecture and requires review.
Department of Justice and Constitutional Development 77 87 18.2 Performance We note the Department reports improved performance for 2021/22 at 79% of planned indicators met.

Although this is considerably improved from previous years, we remain cautious.

In January 2022, the Department revised its 2021/22 Annual Performance Plan.

As such, the Department reported against a revised plan.
It is, therefore, quite possible that if the Department had reported as it originally planned, it would not have been able to report such an improvement in its performance.

The fact that the Department needed to revise its targets/indicators also highlights difficulties around its planning and ability to manage risk.
Furthermore, the Committee notes that the Auditor-General made a (repeat) finding on the usefulness and reliability of the Department’s reported performance information under the State Legal Services programme, which undermine the credibility of not only that reported information but also casts doubt on the entirety of the Department’s reported information.
The Committee also notes that the Department did not meet targets in respect of certain key indicators, including those intended to: address gender-based violence; modernise justice services to enhance efficiency and efficacy; improve organisational capability and good governance; and reduce case backlogs.

There are other indications that the Department is struggling, which we discuss elsewhere in the report.
However, we have reported our observations during our recent oversight visits, which do not tally the Department’s report of improved performance.

18.3 Audit outcome We note that the Department received a qualified audit opinion for the sixth consecutive year but are not surprised in light of the Department’s various challenges.

78 88 The Auditor-General has once again identified significant deficiencies in the accounting of contingent liabilities in the State Attorney environment.
The Auditor-General was unable to obtain sufficient appropriate audit evidence for contingent liabilities, as the Department did not maintain accurate and complete records of the information used to determine the possibility of the outflow of litigations and claims against the Department.

The Auditor-General once again advised that the Department’s Legal Department and Finance Unit should maintain the necessary information in a database to enable assessment of litigations and claims.
The Auditor-General also reports that the lack of a framework for the procurement of legal services remains a critical challenge.

We acknowledge that a lack of senior leadership has significantly hampered the Department’s efforts to address the qualification but the appointment of Ms. R Singo as the Chief Financial Officer, with effect from 1 April 2022, should assist greatly going forward.
We have also noted in our 2022 Budget report that that the Department has developed an audit action plan to address challenges that have resulted in the audit qualification and also to develop sustainable systems and processes.

The Department has specifically committed to no longer being qualified on the basis of contingent liabilities and has developed a Contingent Liability Plan.
We hope that the Department is able to make good on its commitment but would far prefer that it ‘plays open cards’ and alert us in good time should it realise that the commitment to address the qualification is unachievable.

In that way, we are able to engage with the Department constructively and to provide assurance.

We request a report on the progress made to address to address the audit findings before 31 January 2023.
18.4 Irregular expenditure We note that, despite the Department’s plan to decrease the amount of irregular expenditure incurred in 2021/22, the amount of irregular expenditure in fact increased by R900.2 million, largely as a result of non-compliance with Supply Chain Management (SCM) regulations.

A total of 26 new cases to the value of R867 million were identified, of which two cases related to 2020/21.
79 89 A total of 9 cases, valuing R667 million, are under investigation for possible fraud and collusion.

A further R49.7 million is reported to be under assessment.

We believe that the high vacancy rate and lack of leadership in Supply Chain Management has significantly contributed to the Department’s challenges in this environment.

Although the Department reports that it has taken steps to address the problem for now, these measures seem temporary.
We, therefore request further information concerning the appointment of a Chief Director: Supply Chain Management and the progress in filling other critical vacancies within SCM by 31 January 2023.

We note that the Department had a new finding concerning the lack of consequence management, as the Auditor-General was unable to obtain sufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred irregular expenditure.
This was due to a failure to ensure that proper and complete records were maintained as evidence to support the investigations into irregular expenditure.

The Committee has expressed itself very strongly on the need for consequence management in the past and the finding, therefore, is egregious.
We, therefore, request more information, in writing, before 31 January 2023, concerning the following: • The steps that the Department is taking to address the root causes of and prevent the re- occurrence of irregular expenditure.

• The steps that the Department is taking to improve its record-keeping so as to avoid a repeat finding by the Auditor-General on the lack of consequence management.

• The progress of the nine cases under investigation by forensic auditors for possible fraud and corruption.
• The progress of the cases involving irregular expenditure that were referred for disciplinary action.

80 90 Further, on the issue of consequence management, we note that disciplinary proceedings were instituted in 2020/21 and continued into 2021/22, following investigations into allegations of possible procurement irregularities in the risk and security environment.

However, during the course of the proceedings, the individuals resigned and the reports were finalised.
We are unclear whether the impugned officials have faced any further action and, therefore, request that the Department clarifies this, in writing, before 31 January 2023.

18.5 Vulnerability, procurement challenges and lack of internal capacity in the ICT environment We have responded previously regarding the cyber-attack that the Department experienced in September 2021.
The attack exposed the weaknesses of the Department’s aging ICT infrastructure and impacted negatively on systems across the Justice portfolio, as well as the delivery of services enabled by technology, and delayed the rollout of the Department’s modernisation programme.

The attack necessitated the revision of several of the Department’s indicators and targets.

The Department has reported that it is in the process of rebuilding the ICT infrastructure from scratch.
However, the Department reported delays in awarding the procurement of ICT licenses (Citrix and Trend) and ICT Services (ICT Central Support, Service Desk and Security Support Services), which were concerning attributed to internal difficulties in assembling a Specifications Committee responsible for taking decisions on the procurement of ICT software licenses and services.
Regarding the Department’s vulnerability to attack, we note that the Auditor-General has identified poor management of the IT control environment as a contributing factor.

Also, the Department has acknowledged that contract positions for IT personnel and service providers came to an end at almost the same time, increasing the susceptibility of the Department’s systems to attack.
We note further that the Audit Committee has also expressed its concern about the level of risk in the ICT environment, recommending that the implementation of turnaround plans and other identified shortcomings be accelerated.
The Committee, therefore, requests further information, in writing, before 31 January 2023, on the progress of plans to turnaround the ICT environment and address other identified shortcomings, including whether the necessary permanent internal capacity in the ICT environment has been 81 91 created.

We would also be interested in more information about the role of the State Information Technology Agency (SITA) in assisting the Department with its ICT challenges.
18.6 Court modernisation projects We note that lengthy procurement processes have negatively affected the delivery of some of the planned modernisation projects and service delivery.

We, therefore, request that the Department provides us with a report, in writing before 31 January 2023, on the progress of all its modernisation projects.
18.7 Contract management We have engaged previously with the Minister and the Director-General on the Department’s poor planning in respect of contract management and procurement delays, specifically the failure to ensure effective contract management that led to no service provider being appointed to maintain and provide support services in respect of the Court Recording Technology (CRT) machines.
The failure affected the effective functioning of many courts, as matters could not be heard without the CRT machines being available to record proceedings.

In other words, the Department’s poor contract management contributed to increased case backlogs.
We note that a service provider was appointed in February 2022 for a period of twelve months and the Department reported that it had begun the process to appoint a service provider to deliver support and maintenance for the CRT equipment for a period of three years.

We ask that we be provided with a report, in writing, before 31 January 2023, on the current functionality of the CRT machines and the progress made towards appointing a service provider.
18.8 Women in SMS positions We note that the Department originally planned for a target of 50% of women occupying senior management service (SMS) positions in 2021/22 but revised the indicator in January 2022 to include women in LP 10 positions.

We query why the Department believed it necessary to revise 82 92 the indicator and believe this reflects rather poorly on the Department’s commitment to gender transformation and parity.
We would have preferred to have received a report that set out the percentage of women in Senior Management Services (SMS) and Middle Management Services (MMS) posts that was accompanied by details of the Department’s plans to attract and retain women to management positions.

18.9 Case backlogs On several occasions, the Committee has expressed its concern about how the increase in case backlogs may become overwhelming.
We note that the number of backlog cases has been exacerbated more recently by circumstances that include Covid-19, cases emanating from the July 2021 unrest in Gauteng and KwaZulu-Natal, the breakdown of court recording devices and the ransomware attack.

In addition, severe water interruptions or shortages and power outages have negatively affect court operations, resulting in the postponement of matters.

The Department reported its intention to establish a case backlog reduction framework.
A National Steering Committee involving all the JCPS Cluster departments would develop integrated plans to unlock the existing challenges of the criminal justice system through an inter-sectoral approach that will result in key performance indicators for each Department.

These, once achieved, would have a critical impact on the reduction of case backlogs.
Although the finalisation of the framework and its implementation is of high importance, we note that the Department was unable to report that it was able to submit the Framework to the Minister for approval by 31 March 2022 as planned.

Instead the Framework was submitted to the Deputy Minister, who returned it with his comments and for an action plan to be developed.

We, therefore, ask to be updated regarding the current status of the Framework and the accompanying Action Plan before 31 January 2023.
We remain concerned by the backlog of sexual offences cases, despite efforts to fast-track these cases.

Many sexual offences cases get stuck at the district courts because of the delayed submission of DNA reports by SAPS to the NPA.

More positively, 7 618 DNA reports were reported as having 83 93 been finalised in 2021/22, which allowed for the related backlog sexual offences cases to be fast- tracked.

The project is in progress but the slow submission of the DNA reports remains a significant challenge.
18.10 Court infrastructure We have previously reported on the deplorable, even shocking, state of the Department’s infrastructure.

Not only are some court buildings so neglected that they have become structurally unsafe, a number of courts cannot access running water and electricity when there are outages which prevents the courts from operating.
We have also expressed our concern about the tendency to engage in reactive rather than proactive maintenance of many court buildings and have noted the plan to enter into term contracts for general building works, plumbing and fire services.

The Department has also reported that it has requested an increase in the financial delegation to allow it to undertake more of its own maintenance work and that a framework was being developed to guide engagements between the Department and DPWI.
We have reported on the challenges that typically accompany infrastructure projects but note that a new concern is that these are being aggravated in some instances by so called ‘Business Forums’ that demand sub-contracting work.

For example, in February 2022, arrests were made at the Durban High Court construction site when a group of armed men attempted to take over the site.

These disruptions, delay infrastructure projects and are costly.
We intend to meet with the Ministers of Justice and Correctional Services and Public Works and Infrastructure to discuss our observations about the state of the courts as soon as the programme permits.
In addition, we request that the Department provide a comprehensive progress report on its infrastructure programme, as well as its maintenance programme, including the progress of its plans to enter into term contracts, raise the financial delegations and development a framework to guide 84 94 its interactions with DPWI, before 31 January 2023, and continue to report on progress as part of the quarterly reporting process.
18.11 Sexual offences We note that the Department has tabled its 2021/22 Report on the Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act and believe that consideration of its contents will provide an opportunity for focused engagement on the issue.

We will arrange a briefing on the Report as soon as its programme permits.
18.12 State Attorney We have repeatedly urged the Department to prioritise finalising the Solicitor-General position so that a recruitment process can get underway.

The Department has reported that the outstanding aspect to finalise the filling of the position of Solicitor-General is a job evaluation.

After seeking an intervention from the Department of Public Service and Administration (DPSA), the post is now scheduled to be job evaluated.
Afterwards, the recruitment process will be finalised in terms of the executive protocol.

As this position is key to the transformation of the State Legal Services programme, we request an updated progress report before 31 January 2023.

We note that five State Attorney Offices do not have Heads of Office.

These positions have been vacant for a number of years.
Although there is a process underway to fill the positions, we request a full report on the challenges that have so far prevented these positions being filled, and the progress of the recruitment process, before 31 January 2023.

We have reported on the problems concerning the management of state litigation.
We, therefore, welcome the following policies, which were finalised in 2021/22: The briefing and outsourcing of legal work; Initiating, defending and opposing of matters; and Management of the state litigation contingent liability.
The Office of the Solicitor-General also reports on various initiatives that it is engaged with, including developing monitoring systems and formulating processes to achieve consistencies in 85 95 litigation procedures in the different state attorney offices; developing directives and standards to ensure streamlined oversight of the offices of the state attorney; developing and implementing various policies; and having regular ongoing and formal engagements with state departments to identify litigation trends, root causes of litigation and redress measures.
We also note that the Intergovernmental National Litigation Forum (INLF), which was launched in 2018 to address the various challenges related to management of state litigation, has been resurrected to ensure that the government has a co-ordinated approach to the management of state litigation, emphasising the reduction of state contingent liability We note, however, the Auditor-General has reported that there is no framework for the procurement of state legal services, which among others, is a challenge for the Department in deliberately planning and realising the transformation agenda.
A further challenge in the State Attorney office is poor record management, which makes it difficult to determine the extent of the State’s possible legal liability.

Specifically, the Department was unable to provide the Auditor-General with a list of all active state litigation matters from which it would be possible to assess the extent of the State’s potential legal liability.
We, therefore, request a report on the progress made in developing a procurement framework; improving monitoring systems and establishing an efficient case management system at the State Attorney offices.

18.13 Masters Office We have reported our observations concerning the deplorable state of affairs at the Masters’ offices that we have visited, including long queues, poor working conditions, the unavailability of IT systems, a lack of capacity and difficulties in retaining staff.
We believe that over the years Master’s services have been neglected.

Tackling the challenges will require a hands on approach at the very highest level and should be accompanied by a willingness to ensure that the necessary resources are swiftly deployed.

86 96 We have noted the Department’s intention to implement a robust strategy in 2022/23 to transform the services rendered by the Master’s Offices across the country.
We have also previously reported our intention to engage with the Minister and Department on our observations and will do so as soon as the programme permits.

We note the Auditor-General’s concern that the manner in which the indicators for the Master’s Office are crafted may not provide an accurate account of performance.

Specifically, the targets, which report on the percentage of finalised cases, do not provide any information on the backlogs.
Given the public’s need for a responsive and efficient Master’s Office, tackling the backlogs should be a priority.

In this regard, we note that the Department has committed to clearing the backlogs by the end of December 2022.

We hope that this commitment is realised but are not confident.

We, therefore, request further information on the progress made in attending to the backlog cases for each of the Master’s offices before 31 January 2023.
NPA 18.14 Improved performance We commend the NPA on its improved performance.

From the outset, the NDPP has been frank with us about the state of affairs at the NPA and it is particularly pleasing to see that the considerable effort that has been made over a number of years to address the underlying challenges is beginning to see a return.
18.15 Progress of strategic litigation strategy We are pleased that the NPA’s 6-months priority plan has resulted in the institution of impactful prosecutions and significant asset recoveries obtained: Specifically, the ID has enrolled over 20 matters; charged 65 accused and obtained freezing orders of R5.5 billion.

87 97 We note also that, as part of its ongoing response to State Capture and high-level corruption, the NPA successfully enrolled 9 seminal matters before the end September 2022.
These cases illustrate the workings of state capture, involving accused persons from both government and the private sector who allegedly played vital roles in repurposing state institutions, syphoning off public funds for private gain and committing the most damaging forms of high-level corruption, including crimes committed as part of the state capture project.

18.16 Funding The Committee has previously noted that the NPA is allocated an additional R1.1 billion over the medium term.
Of the additional funds allocated, R393 million is allocated to the ID so that it can address capacity constraints by employing 90 extra permanent staff members with specialist skills and experience, and train and develop existing employees.

The additional funds will also allow the NPA to increase its capacity by recruiting 17 senior state advocates for the AFU and 12 protectors for the Office of Witness Protection, as well as employ 700 aspirant prosecutors in the National Prosecutions Service.
The NPA reports that it will require additional funds for the 2023 MTEF and has made the necessary bid.

In this regard, the Minister of Finance has indicated during the MTSF that additional funds will be made available to the NPA (and SIU), although the amount will only be announced when the 2023 Budget is presented.

The additional funds are intended to improve the fight against corruption and advance the recommendations of the Zondo Commission.
18.17 Independent Directorate We are pleased to note that the Minister has confirmed that the ID will become permanent and the NPA is in the process of finalising the structure.

We also note that the NPA reports that the most fundamental challenge to the ID’s effective functioning is the legislative and regulatory framework that creates a dependency on SAPS to assist the ID through secondments.
However, seconded staff are expected to assist in authorised ID investigations, while continuing to investigate the cases they were assigned to as members of the 88 98 SAPS, which creates delays.

The NPA has proposed legislative amendments.

As this can be a lengthy process, the NPA reports that it is engaging the Minister to find an interim solution.

We, therefore, request a report on progress of the engagements by 31 January 2023.
18.18 Establishment of the Office for Ethics and Accountability We support the establishment of the Office for Ethics and Accountability as an important step in establishing a mechanism to detect and address any future unethical behaviour.
We are informed that the draft Regulations for the establishment of that office have been submitted to the Minister for approval with the intention that the Office be launched in the course of 2022/23 and, therefore, urge the Minister to engage with the Regulations as a matter of priority.

18.19 Donor Oversight Committee We note that the NPA reports that it is working closely with the Department and National Treasury to establish a Donor Oversight Committee.
We ask to kept informed of progress in this regard.

18.20 Independence We are concerned about the slow progress that has been made concerning the matter of the NPA’s independence and request more information on whether a task team to assess the options and agree on way forward has been established, before 31 January 2023.
18.21 Occupation Specific Dispensation (OSD) We were informed earlier this year that the NPA had engaged with Deputy Directors of Public Prosecutions and Chief Prosecutors to settle the legal action on account of their being excluded from the improved salary dispensation for legal professionals working in the justice sector that was gazetted in 2010 (the OSD).

Although legal professionals, this level of staff did not receive the benefit of the OSD because they are seen as part of senior management.
It has created a situation in which junior and senior prosecutors earned the same as, or more than, their seniors.

This has not 89 99 only affected morale but has discouraged officials from applying for more senior positions.

We are told that the option has been submitted to the Minister and, therefore, request further information on progress towards resolving the matter before 31 January 2023.

More generally, we have observed that the application of the OSD has affected not only the NPA.
For instance, the Master’s Office reports difficulty in retaining staff because the OSD does not apply and, therefore, salaries are lower than elsewhere within the Department.

We understand that the intention of the OSD was to attract and retain legal (and other) professionals to the public service and, therefore, its implementation should not be divisive or drive away professional expertise.
The problems associated with the application of the OSD are well known and long- standing and we, therefore, urge that the Minister engage with his counterpart in Public Service and Administration with a view towards resolving this matter once and for all.

18.22 Sexual offences We note that the NPA reports that it exceeded its target for the conviction of sexual offences and, in another positive development, the number of TCCs increased from 55 to 60.
The NPA is working with the private sector to set up new TCCs.

Further, much work is being done on the DNA Backlog project, despite the many challenges.

We will engage with the NPA further on its work concerning the prosecution of sexual offences when we consider the 2021/22 Annual Report on the Implementation of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007 as soon as the programme permits.
18.23 Greylisting The Financial Action Task Force (FATF) has identified South Africa as having weaknesses in its mechanisms to tackle terrorism financing and money laundering and made recommendations with which South Africa must comply by February 2023 to prevent it being ‘greylisted’.
Although the NPA is not solely responsible for compliance with FAFT’s recommendations, we note that the NPA reports that considerable work has been done to avoid greylisting, including the 90 100 establishment of an Anti-Money-Laundering Deskin the NPA, which has developed a national strategy and has co-ordinated various initiatives.
Since the evaluation report was done up until the end of March 2022, 534 money-laundering cases had been finalised and an additional 72 money- laundering cases are on the court roll.

We note also the NPA’s assessment that a lot more needs to be done to address the issue of stand- alone money-laundering, where individuals are charged on money-laundering counts as stand- alone charges as opposed to charging individuals for money- laundering in relation to cases that involve other offences.
18.24 Organised crime We note that the Global Initiative against Organised Crime’s Risk Index places South Africa at 19 out of 193 countries globally.

The accompanying Report argues that, although South Africa has robust anti-organized crime legislation and a strong overall legal framework, implementation is a challenge due to capacity issues and resource limitations.
In this regard, we note that the NPA reports that, in 2021/22, a national organised crime strategy was approved after extensive consultation, and a list of priority organised crime cases has been developed.

We acknowledge that the NPA is but one role-player in the response from law enforcement to organised crime but ask for a comprehensive report on the strategy to address organised crime before 31 January 2023.
We see that the Report also notes that much of the intellectual and ideological architecture designed to combat organized crime at the systemic level remains unused or under-used.

For example, in gang-related matters, it is often more straightforward simpler to pursue charges of murder or attempted murder rather than charges of gang association, racketeering or money laundering under section 9 of the Prevention of Organised Crime Act, 1998, even though these apply.
We, therefore, request the NPA to comment further on this observation in the above response.

Legal Aid SA 91 101 18.25 Audit outcome The Committee congratulates Legal Aid SA on its achievement in maintaining a clean audit opinion.

18.26 Budget reductions.

The Committee does not support any reduction to Legal Aid SA’s baseline for the 2023 MTEF.

We have previously expressed concern about the effect of the cuts on court coverage and the delivery of legal aid services to indigent and vulnerable persons.
The Entity has, for now, budgeted for a lower recruitment rate and implemented a staff rationalisation programme to avoid over- expenditure but reports that workloads have increased contributing to backlogs and also that, as funds are prioritised towards services, projects must be postponed.

There is also less money for Judicare and training.
We don’t believe that the importance of Legal Aid SA as a strategic partner in our criminal justice system is fully recognised when decisions are made concerning the allocation of resources.

Simply put, criminal trials cannot run if the accused is not represented, contributing to the backlogs and undermining access to justice.
We have repeatedly appreciated the many efforts that Legal Aid SA has taken to stretch its capacity to undertake civil work to the very limits but this very important work is at risk as a result of budget reductions.

We feel very strongly that funding should at least maintain the current level of legal assistance provided in civil matters.
18.27 Employment equity targets The Committee notes that Legal Aid SA remains challenged in meeting its employment targets for African females at Top and Senior Management levels.

Employees with disabilities are also under- represented at 1.6%.

The Committee will continue to monitor progress.

92 102 Special Investigating Unit 18.28 Performance.

The Committee commends the SIU on its outstanding performance in tackling corruption and recovering monies and value back to the State.

18.29 Audit outcome.


The Committee congratulates the SIU on its excellent audit results but note the Auditor-General’s concern regarding the SIU’s debt impairment.

We have also noted the Auditor-General’s proposal that we engage with the relevant portfolio committees overseeing debtor departments, entities and institutions.
We have already taken up the matter of amounts owing to the SIU by the Department for services rendered with the Minister and Director-General and will continue to monitor the situation.

18.30 Debt impairment.

The SIU’s enabling legislation provides that the SIU may recover fees from State institutions for the investigation services rendered.
Regrettably, the SIU has struggled to recover fees, complicating the relationship between the SIU and its targeted clients; and creating serious challenges in respect of its funding.

The SIU has engaged National Treasury to explore alternative funding models but with little success.

As a result, legislative amendments were proposed but there appears to be little progress to date.
We request a report that provides a breakdown of the debt impairment, as well as the progress of the various initiatives to find a solution to the problem.

Information Regulator 18.31 Performance 93 103 We note that poor performance under the POPIA division is attributed to a lack of leadership and a lack of expertise in that division.
We acknowledge that there is a shortage of expertise in this field but, given the alarming rise in data breaches, the Regulator’s inability to attract and retain capacity is most concerning.

On a positive note, the position of Executive: POPIA has now been filled by Adv.

T Boikanyo.

We note that the Regulator has taken the step of sending officials for training and hope that this will assist.

We will continue to monitor the Regulator’s capacitation, including recruitment, going forward.
18.32 Legal status The Committee does not understand why it is taking so long to resolve the Information Regulator’s status in terms of the PFMA.

The resolution of this issue is key to the Regulator being able to function independently from the Department and is an obstacle to the Information Regulator’s attempts to adequately capacitate itself and to its operations.

For example, the Regulator cannot form its own bid adjudication committee which delays procurement.
The Committee intends to arrange a meeting with the Ministers of Justice and Finance in an attempt to fast-track a solution.

18.33 Data breaches We welcome that the Regulator has taken the initiative to establish a Security Compromises Unit in response to the alarming rise in data breaches.

This highly specialised unit will conduct detailed investigations into security compromises.
18.34 PAIA We are concerned by the reported lack of PAIA compliance and will engage further with the Information Regulator on this in the near future.

South African Human Rights Commission 94 104 18.35 Audit outcome.

The Committee urges the Commission to prioritise addressing the Auditor-General’s findings, some of which are repeat findings.
We note that the Auditor-General has highlighted key vacancies, especially within the Finance Unit and within strategic support and governance as contributing to the outcome.

We note further the Commission’s plans to address the audit outcome.

We will continue to monitor progress going forward, including the filling of vacancies in the Finance Unit and in strategic support and governance.

18.36 Vacancies We are very concerned about the high vacancy rate and its impact on the Commission’s overall health.
The Commission’s had an overall vacancy rate of 20% at 31 March 2022 but vacancies among senior managers was even higher at 31%.

In respect of vacancies by critical occupation there was a 54% vacancy rate for research, 33% vacancy rate for advocacy and communications and 9 % vacancy rate for legal.

We note also that a lack of funding has led to posts being frozen to contain costs and key vacant positions are substituted with contract and temporary assistance as a stop gap measure.
We believe that the vacancies, which far exceeds the norms for the public sector, present a considerable risk to the SAHRC’s future operations and request a comprehensive report on the positions that are unfilled, the length of time since the position was filled, and the reasons for the vacancies occurring, as well as the accompanying recruitment plan.
The Commission could also provide us with more details of which positions have remained unfilled due to the budget cuts and precisely how this affects its planned outcomes.

18.37 Performance.

The decline in the Commission’s performance is concerning.

However, the Commissions poor performance is unsurprising given the high vacancy rate described above.
95 105 18.38 Funding The extreme inequality that characterises our society has been laid bare by events such as the Covid-19 pandemic and 2021 July Unrest.

The need for the Commission’s intervening presence, given the degree of social conflict within our society, is more important than ever before.
The Committee notes too the Commission’s investigations and hearings have resulted in a deep understanding of the challenges that our society faces, which has the potential for many positive interventions towards upholding human rights.

However, capacity constraints threaten these and other important contributions that the Commission makes towards supporting our democracy.

We have remarked before on how large the Commission’s mandate is and how inadequate its budget.
We have also remarked on how the budget’s for the Chapter 9 institutions began at a hisotrically low base and require revision in line with their mandates.

In the case of the Commision, we have also supported requests for additional funds and opposed any budget cuts.

Our position on this issue has not changed.

Public Protector SA 18.39 Audit Outcome.

The Committee commends the PPSA for maintaing a clean audit opinion.

18.40 Legal fees.
18.40 Legal fees.

We note that the Audito-General has announced its intention to scrutinise the legal fees in future audits following from the details concerning payments for legal fees that emerged during the section 194 Enquiry intiated by the National Assembly into the removal of the Public Protector from office.

The Committee has on several occasions in the past asked for details of the legal fees incurred and, therefore, welcomes the announcement.

18.41 Budget reductions.


96 106 The Committee does not support budget reductions in the case of the PPSA, as already discussed.

The PPSA’s additional funding requests for the 2023 MTEF are recorded elsewhere in this report.

19 Appreciation 19.1 The Committee thanks the Minister and Deputy Minister, the Director-General and all officials of the Ministry and Department of Justice and Consitutional Development for their co-operation.
19.2 The Committee thanks the National Director of Public Prosecutions and all NPA officials for their co-operation in this process.
19.3 The Committee also wishes to thank the Deputy Public Protector in her capacity as Acting Public Protector; the Chairperson and Commissioners of the South African Human Rights Commission; the Board Members of Legal Aid South Africa; the Head of the Special Investigating Unit; and the Chairperson and Members of the Information Regulator, as well as all respective officials for their co-operation.
19.4 The Committee thanks the representatives of the various audit committees that appeared before the Committee.

19.5 The Committee wishes to thank the Auditor-General South Africa for the support it provided to the Committee.

Report to be considered 97 107 4.

Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services on the Department of Correctional Services, dated 18 November 2022.
The Portfolio Committee on Justice and Correctional Services, having considered the financial and non-financial performance of the Department of Correctional Services and the Judicial Inspectorate for Correctional Services for 2021/22, reports as follows: 1.
Introduction PART I 1.1 Section 5(2) of the Money Bills Amendment Procedure and Related Matters Act 9 of 2009 requires the National Assembly, through its committees, to submit budgetary review and recommendation reports (BRRR) on the performance of national departments accountable to Parliament.
The BRR report is generally informed by a committee’s interrogation of, amongst others, national departments’ estimates of national expenditure, strategic priorities, measurable objectives and forward-funding needs; National Treasury-published expenditure reports; the relevant annual reports and financial statements; and the Auditor General of South Africa’s (AGSA) audit findings; as well as observations made during all other oversight activities.

1.2.
1.2.

The Portfolio Committee on Justice and Correctional Services (the Committee) oversees the Department of Correctional Services (DCS) and the Judicial Inspectorate for Correctional Services (JICS).
To this end, the Committee monitors the implementation of, and adherence to, policies such as the white papers on Corrections and Remand Detention; compliance with applicable legislation; adherence to principles of good governance and sound financial management; and service delivery in line with their mandates.

2.
2.

Process followed 1 108 2.1 The Committee received a briefing from the Auditor-General of South Africa on the 12th October 2022 on the Audit Outcomes of Departments under the Ministry of Justice and Correctional Services.

2.2 On 13 October 2022, the Committee received a Political Overview of the Annual Performance for 2021/22 Financial Year from the Minister of Justice and Correctional Services.
2.3 Again, on the same day (13 October 2022) the Committee received a briefing from the Department of Correctional Services and the Judicial Inspectorate for Correctional Services on their Annual Reports for 2021/22 Financial Year.

2.4 Copies of all the presentations are available from the committee secretariat.

3.

Department of Correctional Services’ strategic goals for 2021/22 3.1.
The first goal identified in the Department’s 2021/22 Annual Performance Plan was to ensure that remand detention processes are effectively managed by ensuring that remand detainees attended courts as determined by relevant legislation; are held in secure, safe and humane conditions; provided with personal wellbeing programmes; and relevant services are provided to awaiting trial persons, thus contributing to a fair and just Criminal Justice System.

3.2.
3.2.

A further goal was to ensure that all sentenced offenders are incarcerated in safe, secure and humane facilities and are provided with healthcare and effective rehabilitation programmes in line with their correctional sentence plans to enable their successful placement into society after their lawful release.

3.3.
3.3.

The last goal was to ensure that all offenders, parolees and probationers were successfully reintegrated back into society as law-abiding citizens through provision of social reintegration programmes.

4.

Audit outcome 2 109 4.1.
The Department has received unqualified audit outcome with findings for 2021/22 Table 1: Audit outcomes between 2018/19-2021/22 Financial Total Audit Outcome Area(s) of Qualification/Matters of Year number of emphasis findings 2018/19 204 Qualified Commitments and Irregular Expenditure 2019/20 214 Qualified Irregular Expenditure not fully recorded 2020/21 91 Unqualified With matters of emphasis (including under-spending of the vote, non- compliance with laws and regulations especially in relation to procurement and contract management, as well as irregular expenditure amounting to R1.4 billion) 2021/22 9 Unqualified With matters of emphasis relating to the uncertainty of the outcome of exceptional litigation.
The AG mentioned that DCS is a defendant in various lawsuits and the outcome of those cannot be presently determined and no provision for any liability that may result has been made in the financial statement.

The AG also noted that the Department materially underspent the budget by R596,738 million.

3 110 4.2.

The AG has made emphasis on matters which are: Uncertainty relating to the outcome of exceptional litigation and underspending of the vote by R249, 619 million.

4.3.
4.3.

There has been a decrease in the number of findings from 148 in 2020/21 to 130 in 2021/22.

4.4.

Performance reporting.

The programme Incarceration was audited for usefulness and reliability of information.

The report was as follows: • The AG could not identify any material findings on the usefulness and reliability of the reported performance information under Incarceration programme.

4.5.

Procurement and contract management.


Some goods of a transaction value above R500 000 were procured without inviting competitive bids and deviations were not approved by the accounting officer although it was practical to invite competitive bids, as required by Treasury Regulations 16A6.1 and paragraph 3.4.1 of Practice Note 8 of 2007 4.6.
The Auditor General highlighted the following internal control deficiencies: • Leadership did not exercise sufficient oversight regarding compliance with laws and regulations regarding internal controls.

In addition, it was noted that action plans were not timely implemented to address prior year’s audit matters, resulting in recurring audit findings.

• Management did not sufficiently review procurement processes.
Monitoring controls over compliance with laws and regulations were not effective to detect and prevent non-compliance, especially in relation to supply chain management.

4.7.

Consequence management.

The Auditor General could not obtain sufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred irregular expenditure as required by section 38(1)(h)(iii) of the PFMA.

This was because investigations into some irregular cases were not performed.
In addition, the AG indicated that there was insufficient appropriate audit evidence that disciplinary steps were taken against officials who had incurred fruitless and wasteful 4 111 expenditure as required by section 38(1)(h)(iii) of the PFMA.

This was because investigations into fruitless and wasteful expenditure cases were not performed.

5.

Mid-year performance assessment 2021/22 5.1.

For the 2021/22 financial year, the Department was allocated a total of R25, 218 129 billion.
This amount was adjusted upwards by R725 123 million during the adjustment period to a total adjusted appropriation of R25, 943 252 billion.

There were some roll- overs made as well as shifting of funds between votes during the adjustment period.

5.2.

Escapes: The Department had the target of less than 0.03% inmates escaping from correctional centres for the 2021/22 financial year.

In the first half of 2021/22, a total of 0.0062% (9) escapes have been reported.

5.3.
5.3.

Assaults: The target for assaults for the 2021/22 financial year was less than 4.6%.

In the first half of 2021/22, the percentage of reported assaults was 1% (1 392).

5.4.

Overcrowding: The target for overcrowding for the 2021/22 financial year was less than 28%.

In the first half of the year, overcrowding stood at 25.2%.

5.5.

Percentage of offenders participating in long occupational skills programmes per year.
The target for offenders participating in long occupational skills programmes for 2021/22 was 90%.

In the first half of 2021/22, this target was already exceeded by 8.6% since the recorded performance was 98.6%.

5.6.

Percentage of sentenced offenders with correctional sentence plans who completed correctional programmes.

The target for sentenced offenders with correctional sentence plans who completed correctional programmes in 2021/22 was 80%.
In the first half of the 2021/22 financial year, performance stood at only 36.1% (30 935).

5.7.

Percentage of viral load suppression of HIV-positive offenders per year.

The target of viral load suppression of HIV-positive offenders per year was set at 91% for 2021/22 financial year.

In the first half of the year, performance was recorded at 92% (503).

5 112 5.8.

Percentage of parolees without violation.

The target for parolees without violation for 2021/22 was 97%.
In the first half of the year, this target was exceeded since the actual performance was 99.3%.

5.9.

Percentage of probationers without violation.

The target for probationers without violation for 2021/22 was 97%.

In the first half of the year, this target was also exceeded since the actual performance was 99%.

6.

Expenditure for the 2021/22 Financial Year.

6.1 For the 2021/22 financial year, the Department of Correctional Services had adjusted budget of R25, 943 252 billion.
Of this amount, the Department spent R25, 693 633 billion (or 99%) resulting in R249 619 million under-spending.
6.2 The adjusted budget and spending per economic classification for 2021/22 was as follows: Table 2: Expenditure per economic classification 2021/22 Economic Adjusted Actual Percentage Available classification budget (R’000) expenditure actual (R’000) expenditure Compensation of 17 940 518 17 678 410 98.5% Budget (R’000) 262 108 employees Goods and services 6 690 597 6 688 478 100.2% (15 591) Interest on rent and - 77 243 - (77 243) land Transfers and 685 419 816 322 119.1% (130 903) subsidies Payment of capital 626 718 433 180 67.2% 211 248 assets Payment of financial assets - - - - 6 113 Economic Adjusted Actual Percentage Available classification budget expenditure actual (R’000) (R’000) expenditure Total 25 943 252 25 693 633 99.0% Budget (R’000) 249 619 6.3 In terms of economic classification: • The Department recorded overspending of R262,108 million under Compensation of Employees due to funded vacant posts.
• With regard to Transfers and Subsidies, there was overspending of R130,903 million mainly due to expenditure of R122,264 on item: claim against the state, following the court order handed down on 30 August 2021 for the two arbitration awards made in November 2017 in favour of a service provider.
• With regard to Payments for Capital Assets, there was under-expenditure of R211,248 million mainly on the item: Building and Other Fixed Structures due to poor performance on Capital Works Programme as well as under Other Machinery and Equipment due to delays in procurement of IT Equipment and Security Equipment.

• With regard to Goods and Services, there was overspending of R15,591 million mainly on Property Payments due to expenditure higher than allocated budget for municipal services 7.
Performance in 2021/22 7.1.

Overall, the Department achieved 36 of the 45 planned targets and 9 targets were not achieved.

7.2.

Some of the indicators not achieved during the financial year included: • Percentage compliance to the EE plan for SMS.

• Percentage compliance to the EE plan for SMS (People with Disabilities).
• Business case for revenue generation and retention mechanism • Number of sites where Mesh Network and Integrated Security System are installed 7 114 • Percentage of correctional facilities and PPP’s facilities inspected on the conditions and treatment of inmates • Percentage of confirmed unnatural deaths in Correctional Facilities • Percentage of overcrowding in correctional facilities in excess of approved bed- space capacity.
• Percentage of offenders’ profiles approved by the Correctional Supervision and Parole Boards (CSPBs) • Percentage of Information Systems (IIMS) implemented as per MISSTP.

8.

Programme performance in 2021/22 8.1.

Programme 1: Administration 8.1.1.

The purpose of this programme is to provide strategic leadership, management and support services to the Department.

8.1.2.

The Administration programme achieved 8 (or 57%) out of 14 planned targets for 2021/22.
Table 3: Administration -Selected performance 2021/22 Performance Indicator Planned Target Actual Achievement Percentage of Information 12% NOT ACHIEVED Systems (IIMS) implemented 9% 2021/22 2021/22 as per MISSTP Percentage of youth 20% employed within the Department ACHIEVED 74% Percentage of correctional 100% NOT ACHIEVED facilities including PPPs inspected on conditions and treatment of inmates 70% 8 115 Performance Indicator Planned Target Actual Achievement 2021/22 2021/22 Business Case for revenue Draft Business Case for NOT ACHIEVED generation and retention revenue generation and mechanism .
retention mechanism 8.1.3 The Department did not achieve their target for IIMS in the year under review and this was ascribed to delays in procurement processes for the acquisition of modernization resources resulting in the slow roll-out and implementation of additional modules on IIMS.
8.1.4 The target for Correctional Centres including PPPs inspected on conditions and treatment of inmates was not achieved in the year under review because only 70% of Correctional Centres and PPPs facilities were inspected.

Lack of staff capacity was recorded as the reason for not achieving the target.

8.1.5 The Department managed to achieved its target of youth employment by recruiting 1 691 youth in the year under review.

8.2.

Programme 2: Incarceration 8.2.1.


The purpose of the programme is to provide safe and secure conditions of detention consistent with maintaining the human dignity of inmates.

It is also responsible for the administration, profiling and consideration of offenders for releases or placement into community corrections.

8.2.2.

There are three sub-programmes for Incarceration: Security operations; Remand detention; and Offender management.

8.2.3.
8.2.3.

Overall, the Incarceration programme achieved four out of seven (or 57%) planned targets for 2021/22.
Table 4: Incarceration - Selected performance 2021/22 9 116 Performance Indicator Planned Target Actual Achievement 2021/22 2021/22 Reduction in unnatural 0.032% or less NOT ACHIEVED deaths in correctional centres and remand detention facilities per year Reduction in escapes 0.032% 0.038% ACHIEVED 0.015% Number of infrastructure 1 Emthonjeni Correctional ACHIEVED projects completed Centre Emthonjeni was only partially completed while the following 6 facilities which were not on the planned targets were completed (Brandvlei; Butterworth; Sterkspruit; Lady Frere; Ntabankulu; and Mt Fletcher).
Reduction of overcrowding 28% or less NOT ACHIEVED Percentage of Remand 65% Detainees subjected to Continuous Risk Assessment 32% ACHIEVED 87% 8.2.4.

The Department attributed the non-achievement of Unnatural deaths to increase in suicide cases.
In order to reduce the number of unnatural deaths in facilities, the Department will continue to monitor and supervise the implementation of Unnatural Death Prevention Plan, random surprise searches will be conducted, there will be visibility of patrol officials; effective handling of inmates’ complaints and requests will be prioritized to curb suicides within correctional facilities.

8.2.5.
8.2.5.

The Department achieved its target for assaults and escapes due to adherence to the Standard Operating Procedures including Escape and Assault Prevention Plan.

10 117 8.2.6.

The Department managed to complete Brandvlei; Butterworth; Sterkspruit; Lady Frere; Ntabankulu and Mt Fletcher Correctional Facilities in the period under review.

8.3.

Programme 3: Rehabilitation 8.3.1.


Programme 3 is responsible for providing needs-based programmes and interventions to facilitate the rehabilitation of inmates and to enable their social reintegration into communities.

The programme has the following sub-programmes: Correctional programmes; Offender development; and Psychological, social and spiritual services.

8.3.2.

Overall, the programme achieved all 11 planned targets for the year under review.
Table 5: Rehabilitation - Selected performance in 2021/22 Performance Indicator Planned Target Actual Achievement 2021/22 90% Percentage of offenders participating in long Occupational Skills programmes Percentage of offenders 80% participating in Further Education and Training Percentage of sentenced 80% offenders with Correctional Sentence Plans who have completed correctional programmes.

Percentage of inmates who 21% are involved in psychological services per year.

8.3.3.
8.3.3.

Selected achievements include: 11 2021/22 ACHIEVED 99% ACHIEVED 99% ACHIEVED 99% ACHIEVED 31% 118 • Offender participation in long skills programmes were 39 560 (99%), while those participating in short skills were 11 334 (99.96%).

A further 957 (99%) offenders participated in Further Education and Training.

• A total of 78 148 offenders participated in psychological care services.

8.4.

Programme 4: Care 8.4.1.


The purpose of this programme is to provide needs-based healthcare programmes and services aimed at maintaining the wellbeing of inmates.

There are two sup- programmes under the Care programme, namely Health and Hygiene Services and Nutritional Services.

8.4.2.

Overall, the programme achieved seven out of seven targets planned for 2021/22.
Table 6: Care - Selected performance 2021/22 Performance Indicator Planned Target Actual Achievement 2021/22 Percentage of therapeutic Less than 12% diets prescribed for inmates Percentage of identified 100% inmates tested for COVID-19 Percentage of inmates screened for hypertension Percentage of inmates who have recovered from COVID-19 TB Cure rate 90% 85% 91% 12 2021/22 ACHIEVED 6% ACHIEVED 100% ACHIEVED 255% ACHIEVED 100.10% ACHIEVED 94% 119 8.4.3 The Department ascribed the achievement of TB cure rate of offenders to effective monitoring and management of patients on treatment as well as compliance with TB guidelines.
8.4.3 The Department also achieved its target on percentage of offenders screened for hypertension.

This was largely due to screening of non-communicable diseases which ensured early detection and initiation of relevant health interventions to improve prognosis and treatment outcomes.

8.5.

Programme 5: Social Reintegration 8.5.1.


The Social Reintegration programme provides services focused on offenders’ preparation for release, effective supervision of offenders placed under community corrections and the facilitation of their social reintegration into their communities.

The programme has the following sub-programmes: Supervision; Community reintegration and Office Accommodation: Community corrections.

8.5.2.

The programme achieved six out of six planned targets for 2021/22.
Table 7: Social Reintegration - Selected performance 2021/22 Performance Indicator Planned Target Actual Achievement Percentage of parolees without violations per year 2021/22 97% Percentage of probationers 97% without violations per year Number of victims 3500 participating in Restorative Justice programmes 2021/22 ACHIEVED 99% ACHIEVED 99% ACHIEVED 16 951 13 120 Performance Indicator Planned Target Actual Achievement Number of offenders/parolees and probationers participating 2500 2021/22 in Restorative Justice programmes Number of economic opportunities facilitated for 36 offenders, parolees and probationers 2021/22 ACHIEVED 5 758 ACHIEVED 592 8.5.3 The Department managed to ensure that 16 951 victims and 5 758 offenders/parolees and probationers participate in Restorative Justice programmes in the period under review.
8.5.6 The Department also managed to facilitate 592 economic opportunities for offenders, parolees and probationers in 2021/22 period.

9.

Expenditure and performance for First Quarter of 2022/23 9.1.

The Department of Correctional Services was allocated R26.1 billion for 2022/23.

At the end of June 2022, total expenditure was at R6.1 billion or 23.2% of the total appropriation.
This equates to an under-spending by R248 million when compared to the projected spending plan of R6.3 billion for the Quarter.

In terms of performance, of the 36 planned targets for the First Quarter, 33 were achieved and only 3 were not achieved.

9.2.
9.2.

At the end of the First Quarter 2022/23, programme spending and performance was as follows: • The Administration programme spent an amount of R1.128 billion (24.12%) against planned expenditure of R1.100 billion, resulting in overspending by R28,474 million.

The over-spending was due to the adjustment of overtime capped 14 121 amount and tariffs per DPSA circular dated 28 April 2022 and effective 1 July 2022.
The Department reported that these tariffs adjustment were not catered for in the baseline and spending plan.

• The Incarceration programme spent 23.72% or R3.624 billion of the projected budget for the quarter of R3.766 billion, which resulted in under-spending of R142 404 million in the first quarter of 2022/23.

In terms of performance, Incarceration achieved 4 out of 5 targets for the first quarter.

The target not achieved related to: Percentage of Overcrowding in correctional facilities.
• The Rehabilitation programme spent 20.87% or R484,258 million of the projected spending plan of R523,512 million.

This translated to an underspending of R39 million.

In terms of performance, Rehabilitation achieved all 10 targets for the first quarter of 2022/23 financial year.

• The Care programme spent R551 million or 21.05% against projected expenditure of R627 million.

This translates to overspending by R76 million in the first quarter.
In terms of performance, this programme achieved all 7 targets for the first quarter.

• The Social Reintegration programme spent 22.53% or R272 million from the planned expenditure of R291 million.

This translates to underspending of R19 million.

In terms of performance, this programme achieved all 7 targets for the first quarter.

PART II 10.

JUDICIAL INSPECTORATE OF CORRECTIONAL SERVICES’ (JICS) 10.1.

JICS’ Statutory mandate and mission 10.1.1.


JICS is established under section 85 of the Correctional Services Act 111 of 1998 as an independent office under the control of the Inspecting Judge.

Its object is to facilitate the inspection of correctional centers and to report on the treatment of inmates and conditions of incarceration.

15 122 10.1.2.
15 122 10.1.2.

Its mission includes the prevention of human rights violations through the monitoring of mandatory reporting systems on deaths, mechanical restraints and segregations (solitary confinement) in correctional centers.

It also maintains the independent complaints system for inmates.

10.2.

Financial Performance at the end of 2021/22 10.2.1.

For 2021/22, the Judicial Inspectorate for Correctional Services was allocated a budget of R76.1 million.
At the end of March 2022, the total expenditure for JICS was R83 million.

10.3.

Inspections, Investigations, Complaints and Mandatory Reporting in 2021/22 financial year 10.3.1.

The Inspectorate scheduled a total of 136 inspections in correctional centres across the country for 2021/22 financial year and conducted all 136 planned inspections, which equates to 57.8% of all correctional facilities in the country.
In addition to 136 inspections, another 36 unannounced inspections were conducted, bringing total inspections to 172.

JICS has rated 16 centres unsatisfactory, 139 satisfactory and 17 good.

10.3.2.

Some of the centres rated unsatisfactory included; Ingwavuma; St Albans Medium A; St Albans Medium B; Vryheid; Pollsmoor Medium B; Thohoyandou Medium B; Stanger; Bakley East; and Grootvlei Maximum.

10.3.3.
10.3.3.

The most common reasons highlighted by JICS why facilities were rated unsatisfactory included; extreme overcrowding; dilapidated infrastructure; lack of proper hygiene; inadequate management; and shortage of food to maintain the prescribed diet of inmates.

10.3.4.

JICS’ report also highlighted that 4 362 lifers were eligible for parole as at 31 March 2021.

It further indicates that, a number of these eligible lifers have been waiting for years to be placed.
In 2021/22 period, it is reported that, a total of 328 profiles which 16 123 have been considered by the National Council for Correctional Services (NCCS) were still to be considered by the Minister 10.3.5.

The JICS reported that the number of complaints from internal and external sources increased from 132 (in 2020/21) to 471 (in 2021/22).

The highest number (103) of complaints related to assaults (inmate on inmate), followed by assaults of inmates by officials (80), parole (47) and transfers (45).
10.3.6.

Mandatory reporting is regulated by the Correctional Services Act 111 of 1998.

Mandatory reporting includes: Death of an inmate (Section 15); Segregation (Section 30); Mechanical restraints (Section 31); and Use of force (Section 32).

For the year under review, there were 104 unnatural deaths reported by DCS to JICS.

A total of 32 suicide cases were recorded with majority being from Gauteng and Kwazulu-Natal and Western Cape.
In addition to unnatural deaths, JICS received 419 reports of natural deaths in correctional facilities.

10.3.7.

Section 30(7) of the Correctional Services Act, 1998 provides that inmates who have been segregated may refer the matter to the Inspecting Judge, who must decide thereon within 72 hours.

The JICS found that there seems to be a significant under-reporting by the Department on segregation and this was due to the dysfunctional electronic system of DCS.
For the period under review, 4 921 cases of segregation on inmates were reported.

10.3.8.

The JICS also recorded only 49 cases of Mechanical restraints in the 2021/22 financial.

According to JICS, the dysfunctional electronic reporting system suggest underreporting on the use of mechanical restraints.

JICS also noted that no appeals were received for the year under review.

10.3.9.

The JICS recorded a total of 471 cases of use of force in the year under review.
This is a decrease from 694 reported in 2020/21.

10.4.

Community and stakeholder engagement in the 2021/22 17 124 10.4.1.

In the year under review, JICS had taken the initiatives to look into the challenge of faulty Telkom phones in DCS facilities.

An audit was conducted in all DCS regions to determine the extent of the challenge and it was found that total number of working phones was 541 and a total of 751 were faulty.

10.4.2.
10.4.2.

JICS has reported that, Independent Correctional Centre Visitors (ICCVs) were requested to identify remand detainees with bail of less than R1000 and engage the Head of the Correctional Centre (HCC) to consider provisions stipulated in section 63A of the Criminal Procedure Act.

For the period under review, JICS recorded a total of 2 724 remand detainees with bail of less than R1000.

10.5.

First Quarter 2022/23 Expenditure and Performance of JICS 10.5.1.
For 2022/23, the Judicial Inspectorate for Correctional was allocated a total of R78.7 million.

At the end of June 2022, the total expenditure was R23.4 million including commitments.

10.5.2.

There was overspending by 31.44% under Goods and Services for the first quarter of 2022/23.

The reason provided for overspending is commitments of the previous financial year which were only cleared in the new financial year.

10.5.3.
10.5.3.

There was also overspending under Capital Assets 56.26% and reason provided was due to previous financial year’s commitments that were only cleared with the new financial year’s budget.

10.5.4.

In the first quarter, JICS had 86 permanent approved and funded positions on their fixed establishment.

A total of 78 posts were filled and 8 were vacant.

In addition to permanent posts, there were 225 ICCV posts of which 217 were filled and 8 were vacant.

10.6.
10.6.

Inspections, Investigations, Complaints and Mandatory Reporting in the First Quarter of 2022/23 18 125 10.6.1.

In the first quarter of 2022/23 financial year JICS scheduled 36 inspections and all of them were conducted.

In addition, there were 34 unannounced inspections conducted in the first quarter.

10.6.2.
10.6.2.

The Inspectorate reported that, for the first quarter of 2022/23, there were only 11 investigations conducted and majority (six) of the investigations were conducted in the JICS’s Gauteng Region.

10.6.3.

JICS received a total of 43 complaints in the first quarter and most of these complaints were received from ICCVs, inmates and their families.

These complaints included assaults, parole and transfers.

10.6.4.
10.6.4.

In terms of mandatory reporting, a total of 28 unnatural deaths were recorded for the first quarter.

The majority (19) of these were recorded as ‘unknown other’.

In addition to unnatural deaths, JICS also recorded a total of 126 natural deaths in correctional centres across the country.

The largest category (40) of natural deaths were recorded as “Natural causes”.

Gauteng recorded the highest number of deaths (50) while Eastern Cape recorded the lowest (11).

10.6.5.
10.6.5.

Segregation recorded a total of 974 reports in the first quarter of 2022/23.

The Free State/Northern Cape recorded the highest number of segregations (425), while the Eastern Cape recorded the lowest (9).

JICS reported that due to the dysfunctional electronic system of reporting, the accuracy and numbers of reports by DCS could not be verified.

10.6.6.

In terms of Mechanical Restraints’ reports, JICS recorded 10 cases for the first quarter of 2022/23.
Reasons given for the use of mechanical restraints included: safety of others (6) and safety of inmates (4).

10.6.7.

A total of 84 cases of the use of force were recorded by the Department and submitted to JICS in the first quarter.

JICS has emphasized that, due to manual reporting, the number of reported cases of the use of force has drastically declined.

PART III 19 126 11.
PART III 19 126 11.

Department of Correctional Services: Committee observations and Recommendations 11.1 The Committee has noted that for the year under review, there were 143 223 inmates in correctional facilities across the country and of those, 47 144 were remand detainees.

The Committee is concerned that DCS is not putting more efforts in implementing available legislation to release remand detainees with bail amounts especially those with bail of less than R1000.
The DCS is urged to sensitize Heads of Correctional Centres about the need to apply available legislation at their disposal.

This will also assist in reducing overcrowding in correctional facilities.

The Committee believes that it will be important to look at other models on how best to deal with ‘prisoners of poverty’.

In this regard, the Committee intends to embark on an international study tour in early 2023 to look at best practice that can be emulated in South Africa.
11.2 The Committee request the Minister of Justice and Correctional Services to provide an update on the implementation of the recommendations emanating from Commission of Inquiry into Allegations of State Capture with regard to the Department of Correctional Services.

11.3 The Auditor-General has again raised the issue of lack of consequences management especially for those officials who had incurred irregular expenditure.

This was because investigations into some irregular cases were not performed.
The Department of Correctional Services is requested to provide feedback to the Committee on why some of the investigations were not performed and what steps are being taken on those who were found to have contributed to cases of irregular expenditure.

11.4 The AG has raised concern around uncertainty of the outcomes of exceptional litigation.

The AG noted that, as a defendant in various lawsuits, the Department has not made any provision for any liability that may result in their financial statement.
The Committee is concerned that the AG has consistently raised the same matter in 20 127 previous reports.

The Department is requested to provide the Committee with explanation of why this concern is not addressed.

11.5 The aging infrastructure in many of the correctional facilities the Committee has visited during their oversight is a cause for concern.
The Minister of Justice and Correctional Services is requested to engage with the Minister of Public Works and Infrastructure to look into the state of infrastructure in DCS and come up with an integrated plan to address infrastructure challenges in correctional facilities.

11.6 Overcrowding of correctional centres continues to be a concern for the Committee as it compromises the rehabilitation of inmates and places the safety and security of inmates and officials at risk.
The Department is urged to find a lasting solution to address overcrowding in correctional facilities.

11.7 The Committee is concerned about the increase in the number of suicide cases in correctional facilities from 27 (in 2020/21) to 32 (in 2021/22).

The Department is urged to put mechanisms in place to ensure that suicide cases are prevented.

11.8 The Committee congratulates the Department for achieving its target of unqualified audit opinion.
The Committee encourages the Department to work towards improving on matters of emphasis raised by the AG.

11.9 The Committee also commends the Department for improving their overall performance from 70% (in 2020/21) to 80% (in 2021/22).

The Committee is however, still concerned about lack of alignment between expenditure and performance since the Department managed to spend 99% of their budget while achieving only 80% of their targets.
11.10 The Committee commends the Department for significantly reducing escapes from 117 (in 2020/21) to 22 (in 2021/22).

The Department is urged to work towards zero escapes in correctional facilities across the country to ensure that communities are safe.

21 128 11.11 The Committee is disappointed that, again the target for IIMS roll-out was not achieved in 2021/22 financial year.
The Department ascribed this to the delay in the procurement process for the acquisition of the modernization process which resulted in the slow roll-out and implementation of additional modules on IIMS.

The Committee will continue to monitor the implementation of IIMS on a quarterly basis.

12.

Judicial Inspectorate for Correctional Services (JICS) – Committee’s Observations and Recommendations.
12.1 The Committee is seriously concerned about the lack of tangible progress on the introduction of the JICS’ Bill to Parliament.

This is especially so because there is no read-in provision from the Constitutional Court judgement.

12.2 The Committee has noted with concern that JICS has overspent on its budget for 2021/22 by R6.9 million.

The Committee request JICS to ensure that their plans and human resources are aligned to their budget to avoid overspending and underspending in future.
12.3 The Committee resolved to arrange a workshop together with JICS to discuss issues related to Minimum Sentencing, safe and secure custody for inmates in correctional centres across the country as well as issues related to remand detainees.

12.4 JICS reported that there were 273 contracts positions for Independent Correctional Centre Visitors and 225 were filled and 48 were vacant.

JICS is requested to fill those vacancies to ensure that inmates in correctional centres receive services required by law.
12.5 As in the previous years, the Committee again notes the challenges faced by JICS with respect to mandatory reporting as a result of the Department’s management information system not yet implemented in all correctional centres.

The Committee continues to be concerned about the accuracy and reliability of the information available as some reports are recorded and reported manually.
The Committee will engage with the Department of Correctional Services to get a briefing on the new e- Correction system which is currently being rolled out.

22 129 12.6 In its engagement with JICS, the Committee was informed that there was a serious need to consider decriminalization of sex workers as this contributes unnecessary to prison overcrowding.

The Committee resolved that, in order to properly deal with the issue of decriminalization of sex workers, there was a need to look at other models.
In this regard, the Committee resolved to embark on an international study tour early in 2023 to learn best practices that can be imported to South Africa.

13.

Appreciation 13.1 The Committee wishes to thank the Minister of Justice and Correctional Services and Deputy Minister of Correctional Services, staff in the Ministry, Acting National Commissioner and the staff of the Department of Correctional Services for their assistance in this process.
13.2 The Committee also wishes to thank the Inspecting Judge and the staff of the Judicial Inspectorate for Correctional Services for their co-operation in this process.

13.3 The Committee wishes to thank the Auditor General South Africa for the support provided to the Committee.

Report to be considered 23 130 5.


The Budgetary Review and Recommendation Report of the Portfolio Committee on Justice and Correctional Services on the Office of the Chief Justice, dated 18 November 2022 The Portfolio Committee on Justice and Correctional Services, having considered the financial and non-financial performance information of the Office of the Chief Justice for the financial year ending 31 March 2022, and the financial information for the First Quarter of 2022/23, reports as follows: 1.
Introduction 1.1.

The Money Bills Procedure Amendment and Related Matters Act 9 of 2009 (Money Bills Act) sets out the process that allows Parliament to make recommendations to the Minister of Finance to amend the budget of a national department.

1.2.
1.2.

The Money Bills Act requires portfolio committees to compile Budgetary Review and Recommendation Reports (BRRR) that assess service delivery performance of departments, entities and institutions given their respective available resources; evaluate the effective and efficient use and forward allocation of resources; and may make recommendations on the future allocation of resources.
The annual review of expenditure and performance for the previous financial year (2020/21) also forms part of this process.

1.3.
In particular, section 5(1) of the Money Bills Act provides that committees must make their assessment of the performance of national departments and institutions, with reference to the following: • The medium term estimates of expenditure of each national department, its strategic goals and measurable objectives, as tabled in the National Assembly with the national • • budget; Prevailing strategic plans; The expenditure reports or statements relating to a vote appropriating funds for such department published by the National Treasury in terms of section 32 of the Public Finance Management Act; • The financial statements and annual report of such department; 1 131 • • The reports of the Standing Committee on Public Accounts relating to a department; and Any other information requested by or presented to a House or Parliament.
1.4.

Committees may make recommendations on the future allocation of resources, having assessed service delivery performance to date; evaluated the effective and efficient use of the resources already allocated; and considered the planned forward allocation of resources.

1.5.
1.5.

The Committee oversees the Office of the Chief Justice (OCJ), which was established in 2010 primarily to support the Chief Justice in the execution of their administrative and judicial powers and duties as Head of the Judiciary and Head of the Constitutional Court.

The transfer of administrative functions and identified staff attached to the Superior Courts from the Department of Justice and Constitutional Development to the OCJ commenced on 1 October 2014.

1.6.
1.6.

On 1 April 2015, the OCJ became a fully-fledged Department with its own Vote.

The administration for the Superior Courts, Judicial Services Commission (JSC) and South African Judicial Education Institute (SAJEI) were transferred to the OCJ, together with the budget and personnel, from the Department of Justice and Constitutional Development.

The funds for judges’ salaries was also transferred to the new Vote.

2.

Process followed 2.1.


The Minister of Justice and Correctional Services provided a political overview of Vote performance on 13 October 2022.

2.2.

The Committee was also briefed by the Auditor-General South Africa (AGSA) on 12 October 2022 on the OCJ’s audit outcome for 2021/22.

2.3.

On 18 October 2022, the Committee engaged with the OCJ on its annual report for 2021/22.

2.4.

Copies of the Minister’s speech and the presentations are available from the committee secretariat.

2 132 3.
2 132 3.

Strategic overview 3.1.

The Constitution Seventeenth Amendment Act, 2013, affirms the Chief Justice as head of the Judiciary responsible for establishing and monitoring the norms and standards for the exercise of judicial functions of all courts.

The Superior Courts Act, 2013, establishes a legislative framework for the Chief Justice to exercise their judicial leadership supported by the OCJ and provides for the delegation of certain functions flowing from the Act to the OCJ.

3.2.
3.2.

When the OCJ was established as a national department within the public service, the intention was that this would be the first phase towards an independent judiciary-led court administration system to realise fully the Judiciary’s institutional independence in line with the Constitution, 1996.

3.3.

The Department of Justice and Constitutional Development continues to support the administration of the Lower/Magistrate’s courts.
Also, until the legislative framework for the Magistrates’ Courts is brought in line with the Superior Courts Act, 2013, certain shared services (for example, tools of trade and security services) are provided by the Department of Justice and Constitutional Development.

3.4.

The OCJ tabled its Strategic Plan for 2019-2024 and Annual Performance Plan 2020/21 in Parliament on 17 April 2020.
As the tabled plans were developed before the COVID-19 pandemic, the OCJ reviewed the planning documents to reflect the impact of COVID-19.

The revised plans were re-tabled in Parliament on 8 July 2020.

3.5.

The OCJ contributes to the National Development Plan’s (NDP) call for strengthened judicial governance and the rule of law, and also to ensuring an efficient and effective criminal justice system by: • • • • Accelerating reforms to implement a judiciary-led court administration.
Ensuring an efficient court system.

Reducing court administration inefficiencies.

Ensuring judicial accountability.

3 133 • Providing training to the judiciary though SAJEI.

3.6.

The MTSF 2019-2024 acknowledges that the challenges of poverty, inequality and unemployment continue to hold back the achievement of South Africa’s national development.

This burden is disproportionately felt by the youth, women and people with disabilities.
In order to address these challenges, the MTSF identifies a number of priority areas.

Of these, the priorities ‘A capable, ethical and developmental state’ and ‘Social cohesion and safe communities’ are of particular relevance.

3.7.

In addition, the lack of access to resources and opportunity for Women, Youth and People with Disabilities are identified as cross-cutting, requiring a variety of interventions, including legislative amendments.

3.8.
3.8.

Aligning MTSF priorities to plans, the OCJ contributes as follows: Table 1: OCJ planned contribution to achieving MTSF 2019-2024 priorities MTSF PRIORITY PLANNED CONTRIBUTION A capable, ethical and • Address fraud and corruption.

developmental State • Promote an ethical culture.

• Integrate Batho Pele principles into the Department’s institutional culture.

• Adhere to corporate governance principles, such as leadership, strategy and performance, risk and stakeholder management.
• Improve court operations systems.

• Modernise court processes and systems.

Economic Implement equity programmes targeting employment and empowerment transformation and job of youth, women, and people with disabilities in both the recruitment and creation procurement processes.
Social cohesion and Ensure access to a safe and secure court environment and improving the safe communities integrity of court processes/ outcomes, as well as capacitating/ resourcing the courts in order for them to execute their mandate.

3.9.

The OCJ has the following broad strategic outcome-orientated goals.

4 134 • • • Capacitating the Office of the Chief Justice by securing adequate human resources for it to carry out its mandate effectively.
Providing administrative support to the Chief Justice in fulfilling his/her functions as Head of the Judiciary.

Rendering effective and efficient administration and technical support to the Superior Courts.

4.

Audit outcome 2021/22 4.1.

The OCJ received an unqualified audit opinion, with findings on compliance with legislation.

Although the OCJ remained unqualified, the outcome is a regression, as the OCJ has achieved a clean audit opinion since 2017/18.

4.2.
4.2.

The following material non-compliance issue was identified and reported: DESCRIPTION ROOT CAUSE IT goods and services were not procured through SITA.

Slow response in filling critical vacancies which led to lack of In addition, due to the non-compliance, the OCJ incurred segregation duties irregular expenditure which led to the non-compliance relating to not preventing irregular expenditure being reported.

4.3.
4.3.

Regarding the irregular expenditure incurred: DESCRIPTION AMOUNT ROOT CAUSE IT goods and services not procured R52.1 Slow response in filling critical vacancies led to through SITA million a lack of segregation of duties 4.3.1.

An amount of R52.6 million in irregular expenditure was identified.
This comprises 15 instances of non-compliance with supply chain management prescripts, of which also relate to non-compliance with the State Information Technology Agency Act, 1998, and 5 135 Regulations (SITA Act).
Details of the irregular expenditure incurred is disclosed in the Annual Report, as follows: Table 2: Irregular expenditure SUPPLIER REASON AMOUNT Interface network technology Non-compliance with SITA Act and R2 489 583.89 (Pty) Ltd Regulations Botsenkgwala Extending contract amount by more than the R76 381.00 Hygiene allowed threshold of 15%.
Pro Active Appointing the second highest points scoring R345.00 supplier Lilnar Trading Non-compliance with SITA Act and R2 767 820.00 Regulations Hein On Line Appointing a supplier that is not tax R384 612.68 compliant.
Bytes systems Integration ado Non-compliance with SITA Act and R2 482 155.00 Altron (PTY) Regulations Afrovation Non-compliance with SITA Act and R2 424 373.86 Regulations Maputunuka (Pty) Ltd Non-compliance with SITA Act and R24 997 316.26 Regulations Marval Africa Non-compliance with SITA Act and R946 965.20 Regulations 6 136 Lilnar Trading Non-compliance with SITA Act and R70 420.00 Regulations Interface network technology Non-compliance with SITA Act and R6 691 715.91 (Pty) Ltd Regulations Pursuit Knowledge Consulting Non-compliance with SITA Act and R2 545 080.25 Regulations Bytes systems Integration ado Non-compliance with SITA Act and R5 138 092.20 Altron (PTY) Regulations Maputunuka (Pty) Ltd Non-compliance with SITA Act and R828 442.40 Regulations Marval Africa Non-compliance with SITA Act and R788 283.60 Regulations 4.4.
The Auditor-General also reported to the Committee on its investigation of procurement relating to the ‘Caselines project’ and other procurement, as follows: 4.4.1.

The Chief Financial Officer, Chief Director: Court Administration and a Director: Case Management resigned on 31 May 2022.
The CFO’s resignation, as well as certain media articles, brought to light certain procurement risks: • A company was established shortly after the OCJ awarded the sole supplier contract to Thomson Reuters, and the CFO and two other former employees of the OCJ were directors in this company.

Thomson Reuters subsequently subcontracted 56% of the contract value of R225.6 million to this company.
• On a different award, there were allegations against another employee of being involved in drafting the bid specifications and being a member of the bid evaluation committee, and not declaring his connection to the director of a company who received four awards, which included a joint venture award, in the last two years.

• The OCJ had not made use of SITA when procuring information technology goods and/or services.

7 137 4.4.2.
7 137 4.4.2.

The OCJ’s management is currently investigating these allegations and any payments to these suppliers have been put on hold.

4.4.3.

The Auditor-General also assessed the contracts to identify possible irregularities, finding as follows: • • • • There was no involvement of SITA in information technology procurement as required (material finding - audit report matter).

The sub-contracting conditions were not included in the terms of the reference/bid specifications.
The tender was not advertised for the minimum number of days i.e.

21 days.

Deviations were approved even though it was practical to invite competitive bids.

4.5.

Fruitless and wasteful expenditure amounting to R6 000 was detected in relation to interest on the late payment of an employee after an arbitration award was issued against the OCJ.

4.6.
4.6.

Commitments proposed to the Committee: The Auditor-General proposed that the Committee monitor the investigation at the OCJ and request regular feedback on the progress of the investigation and on the filling of key vacancies.

5.

Human Resources 5.1.

The OCJ had 2 244 posts for this reporting period with an overall vacancy rate of 9.1%.

However, the vacancy rate for SMS posts as at 31 March 2022 was at 14.3%.

6.
Financial performance Table 3: Final appropriation per programme 8 138 Programme Final MTEF Appropriation 2022/23 2023/24 2024/25 Administration Superior Court Services Judicial Education and Support Subtotal Judges’ Salaries Total 2021/22 252.3 929.1 60.4 1 241.8 1 118.4 2 360.2 R ‘million 255.7 958.8 51.4 260.6 919.4 52.9 271.9 961.0 55.4 ‐ 1 265.8 1 232.9 1 288.3 1 122.6 1 124.7 1 175.2 2 388.4 2 357.6 2 463.5 Table 4: Final appropriation per economic classification Economic Classification Final MTEF Appropriation 2022/23 2023/24 2024/25 2021/22 R’ million Compensation of employees 1 791.70 1 768.6 1 740.7 1 818.9 (including Judges’ remuneration) Good and services Interest on rent and land Transfers and subsidies Payments for capital assets Total 6.1.
Appropriation 2021/22 312.6 6 135.7 120.2 2 360.2 371.9 135.8 112.0 2 388.4 1 768.6 365.2 136.5 115.2 381.6 142.6 120.4 2 357.6 2 463.5 1 740.7 1 818.9 6.1.1.

The OCJ had a final allocation of R2.36 billion for 2021/22, as follows: R1.24 billion was allocated to programmes and R1.12 billion was a direct charge for judges’ salaries.

In comparison, the final allocation for 2020/21 was R2.3 billion.

6.1.2.
6.1.2.

Voted funds made up about 52.5% of the allocation, while the direct charge for Judges’ salaries made up the remainder.

9 139 6.2.

Appropriation 2022/23 6.2.1.

The OCJ is allocated R2.39 billion in 2022/23, compared with R2.33 billion in 2021/22 (adjusted down from R2.45 billion).

The budget is expected to increase over the MTEF to R2.36 billion in 2023/24 and R2.46 billion in 2024/25.

6.2.2.
6.2.2.

The allocation for programmes is R1.27 billion or 52.5% of the total allocation, while the remaining amount of R1.12 billion comprises the direct charge for Judges’ salaries.

6.2.3.

In terms of economic classification, an amount of R1.77 billion is allocated to compensation of employees, R371.9 million to good and services, R135.8 million to transfers and subsidies and R112 million for purchase of capital assets.

6.3.

Expenditure 6.3.1.


In 2021/22, the OCJ spent R2.2 billion or 93% of the final appropriation of R 2.36 billion (compared with 91% in 2020/21).

Underspending amounted to R190.6 million.
Table 5: Expenditure per programme 2021/22 (with a comparison to 2020/21) Programme Final Actual Under- % % Appropriation Expenditure expenditure Expenditure Expenditure 2021/22 2020/21 Administration Superior Court 252.3 929.1 R ’million 210.1 902.6 42.2 26.5 83.3% 97.1% 100% 90.7% Services Judicial Education and Support Subtotal Judges’ Salaries Total 60.4 43.4 17.0 71.9 43.7% 1 241.8 1 118.4 1 156.2 1 063.3 85.6 55.1 93.1% 95.1% 90.2% 93.4% 2 360.0 2 219.5 140.7 94.0% 91.7% 10 140 Table 6: Expenditure per economic classification 2021/22 (with a comparison to 2020/21) 2021/22 2020/21 Final Actual Under- % % Appropriation Expenditure expenditure Expenditure Expenditure R ’000 000 Compensation 1 791.7 1791.5 0.2 100% 97.8% of employees Goods and 312.6 262.5 50.1 84% 72.9% Services Interest on 0.006 0.006 0 100% - land and rent Transfers and 135.7 75.4 60.3 55% 52.8% subsidies Purchase of 120.2 89.7 30.5 74.6 88.7% capital assets Total 2 360.2 2 219.5 140.7 94% 91.7% 5.3.1.
At programme level, the following is observed: • The Administration programme spent R210 million or 83% of the final allocation of R252 million.

An amount of R42 million went unspent, as follows: Ø Compensation of employees – over-projected transfer of funds to the item to provide for salary adjustments and the increase in medical aid contributions.
Ø Goods and services – delayed installation cost of the ICT infrastructure equipment due to the delay in overseas manufacturing caused by a worldwide backlog on server equipment manufacturing.

Ø Payment for capital assets – delays in the delivery of the server and ICT End-User equipment due to the delay in overseas manufacturing caused by a worldwide backlog on server equipment manufacturing.

• The Superior Court Services programme spent R902 million or 97.1% of the final allocation of R929 million.
The underspending related to goods and services on the 11 141 following items: catering services; venues and facilities; fleet services; stationery and consumables; and telephone costs.

The reasons for underspending are mainly related to COVID-19 related restrictions, as some Judges and officials were working remotely.

• The Judicial Education and Support programme spent R43.3 million or 71.9% of the final allocation of R60.3 million, which resulted in an underspending of R16.9 million.
The underspending related to goods and services due to savings on judicial training expenses, as the traditional in-person training of Judicial Officers became virtual and it became no longer necessary to hire training venues.

• Judges salaries.

Expenditure on the statutory allocation was R1.06 billion against the final allocation of R1.12 billion (95.1%), which resulted in an underspending of R55 million.
The underspending on Judges’ salaries relates to transfers and subsidies due to fewer than projected leave gratuities paid to Judges.

6.4.

Financial performance First Quarter 2022/23 6.4.1.

The overall actual expenditure for the First Quarter of 2022/23 was R569.2 million or 23.8% of the R2.4 billion available budget, with lower than planned spending of R578.5 million.

6.4.2.
6.4.2.

The lower-than-planned spending is mainly attributed to compensation of employees, and payments for capital assets and goods and services, as follows: • • Compensation of employees.

The lower that planned spending on this item is due to the delays in the filling of funded vacant posts.

Capital assets.

The lower-than-planned capital expenditure is due to the delayed supply of the infrastructure refresh and ICT equipment ordered in 2021/22.
Also, there was lower than planned spending on Judges’ hired vehicles due to some vehicles’ contracts running on a month-to-month basis.

As a result, these were paid under goods and services as operating leases.

• With regard to goods and services, the slow spending is mainly due to outstanding invoices for the wellness programme that was attended by staff and delays in the implementation of aspirant women programme because of ongoing payment discussion between the lead coordinator and the stakeholders.
In addition, goods and services 12 142 spending was lower than projected due fewer persons attending workshops in person due to the reluctance of participants to do so, as well as outstanding telephone invoices for June 2022.

• Transfers and subsidies recorded higher than planned spending due to more than anticipated leave gratuities being paid to officials who resigned.

7.

Non-financial performance 7.1.


The overall achievement of planned targets for 2021/22 was as follows: Table 7: Overall planned performance Performance No.

of Targets 2018/19 2019/20 2020/21 2021/22 Achieved Not achieved Total 18 2 20 14 6 20 22 3 25 21 3 24 Percentage achieved 90% 70% 88% 87.5% 7.2.

Reported key achievements for 2021/22 are as follows: • • • • The OCJ achieved 87.5% of its annual targets and spent 93.1% of its Final Appropriation (excluding Direct charge – Judges’ salaries).
The OCJ had a vacancy rate of 9.1%, which is below the 10% target set by DPSA.

The OCJ had 48% of women representation on SMS level; and 32% youth representation of the Department’s staff complement.

The OCJ conducted 168 skills-enhancing judicial education courses for Judicial Officers and aspiring Judicial Officers, which was attended by 4 343 delegates.
86% (28 356 of 33 019) of default judgments were finalised by Registrars within 14 days from date of receipt of application; 99% (27 218 of 27 413) of taxations of legal bills of costs were finalised within 60 days from date of set down; and 100% (60 of 60) warrants of release (J1) were delivered within one day of the release issued.

13 143 • The OCJ investigated 55% of reported fraud cases within 60 working days; and conducted 29 awareness sessions on Fraud Prevention and the Anti-Corruption Strategy.
• • The OCJ embarked on the ICT infrastructure refresh project, upgrading of End User Equipment project and roll out of Wi-Fi to all Superior Courts.

There was a reduction of the risk of COVID-19 as a result of complying with all the related Government prescripts and regulations.

8.

Programme performance 8.1.

Programme 1: Administration 8.1.1.

The purpose of this programme is to provide strategic leadership, management and support services to the Department.
The programme consists of the following sub-programmes: • The Management sub-programme provides administrative, planning, monitoring, evaluation, performance reporting and risk management functions necessary to ensure effective functioning of the Department.

• The Corporate Services sub-programme provides integrated Human Resources Management (HRM), Information and Communication Technology (ICT) and security management support services to the Department.
• • • The Finance Administration sub-programme provides overall financial, asset and supply chain management services to the Judiciary and the Department.

The Internal Audit and Risk Management sub-programme provides overall internal audit and risk management services to the Department and the Superior Courts.

The Office Accommodation sub-programme provides for acquisition of office accommodation for the Department.

8.1.2.
8.1.2.

The Administration programme met seven of 11 of 14 or 79% of planned targets for 2021/22, compared with 79% of planned targets for 2020/21.
Table 8: Administration: Underperformance/Targets not achieved 2021/22 14 144 Performance Indicator Performance 2021/22 Percentage of women 20 of 42 or 48% (Target 50%) representation in SMS Percentage of people with 19 of 2 040 or 1% disabilities representation (Target 2%) in Department Performance 2020/21 19 of 43 or 44% (Target 50%) 20 of 1 929 or 1.03% (Target 2%) Caselines system Court Online system not rolled out at 2 Service Caselines system implemented in 2 service Centres (as per target) piloted at 2 service centres (The showstopper defect that delayed the centres piloting of the Court Online system has been resolved and UAT was successful and signed off.
The Court Online pilot commenced at Gauteng Local Division, Johannesburg on 29 March 2022 and the Gauteng Main Division, Pretoria on 4 April 2022.

It is envisaged that Court Online will be rolled out at these two Service Centres during the First Quarter of 2022/2023.)

8.2.

Programme 2: Superior Court Services 8.2.1.

This programme provides judicial support and court administration services to the Superior Courts.
The programme consists of the following sub-programmes: • The Administration of Superior Courts sub-programme provides administrative and technical support to the Superior Courts, monitors the overall performance of the • • Superior Courts, and enhances judicial stakeholder relations.

The Constitutional Court sub-programme funds the activities and operations of the Constitutional Court.

The Supreme Court of Appeal sub-programme funds the activities and operations of the Supreme Court of Appeal.
15 145 • • The High Courts’ sub-programme funds the activities and operations of the various high court divisions.

The Specialized Courts sub-programme funds the activities and operations of the labour, land, electoral and competition courts.

8.2.2.

The programme achieved all six or 100% of planned targets for 2021/22, as was the case in 2020/21.

8.3.

Programme 3: Judicial Education and Support 8.3.1.


Judicial Education and Support provides education programmes to Judicial Officers, including policy development and research services for the optimal administration of justice.

8.3.2.

The programme has the following sub-programmes: • • The South African Judicial Education Institute sub-programme funds the activities of the SAJEI to provide training for Judicial Officers.
The Judicial Policy, Research and Support sub-programme funds the provision of advisory opinions on policy development and regulatory services to the Judiciary and the Department.

• The Judicial Service Commission sub-programme provides secretariat and administrative support services to the Judicial Service Commission to perform its constitutional and legislative mandates effectively.

8.3.3.

The programme met all four or 100% of planned targets for 2021/22, as was the case in 2020/21.

9.
9.

Linking financial and non-financial performance • Overall, achieved 87.5% of its annual targets and spent 93.1% of the Final Appropriation (excluding the Direct Charge for Judges’ salaries), which is an improvement on spending in 2020/21 (at 90.2%).

• The OCJ reports a vacancy rate of 9.1%, which is below the 10% target set by DPSA but its vacancy rate at SMS level is higher at 14.3%.
Notably the Auditor-General 16 146 identifies vacancies in critical vacancies leading to a lack of segregation of duties to increased irregular expenditure incurred.

• Although the OCJ retained an unqualified audit opinion, the Auditor-General made material finding on compliance.

In other words, the outcome regressed from previous years in which the OCJ achieved a clean audit opinion.

10.

Selected BRRR 2021 observations 10.1.


The Committee made various observations in the 2021 BRRR, including: • Transfer of functions to the OCJ.

The Committee again flagged the lack of progress in drafting the legislation and finalising a court administration model that will allow for functions presently undertaken by the Department of Justice and Constitutional Development (such as security services at the courts) to the OCJ.

• ICT security.
• ICT security.

The Committee noted again the inadequacies in ICT security and user access management, as well as ICT operational inefficiencies as being areas for concern.

The OCJ assured the Committee that it is working hard to strengthen its ICT environment.

The OCJ was reluctant to discuss security details in a public forum but undertook to provide the Committee with a comprehensive report.

• Court modernisation.


The OCJ reported that, in 2020/21, it was unable to roll out the court online system in two service centres as planned because of the pandemic, as well as system failures as a result of the security breach in September 2020.

In addition, the project to refresh the ICT infrastructure was delayed as a result of the non- responsiveness of the market at the stage of sourcing/tenders.
However, there had been progress in 2021/22: user equipment has been overhauled, licences procured, there was Wi-Fi at courts for judges and officials, the bandwidth had been increased, etc.

and rollout of the CaseLines solution was in progress.

• Employment of persons with disabilities.

The Committee noted that the OCJ has not been able to achieve its employment targets for persons with disabilities.
The Committee requested a report on the challenges experienced and the intended mitigation strategies, and would continue to monitor progress.

• The Committee commended the OCJ on maintaining its clean audit opinion and also on its strong governance, noting sound management of problems when they occur.

17 147 11.

Committee’s observations The Committee makes the following observations: 11.1.

Transfer of functions to the OCJ.


When he presented the 2022/23 Budget to the Committee earlier this year, the Minister announced that he intends to introduce a policy on judicial governance and court administration to Cabinet in this financial year, as well as introduce to Parliament legislation that will overhaul the Lower Courts towards the establishment of a single judiciary.
Although we welcomed the announcement, we are concerned about the Department of Justice and Constitutional Development’s available capacity and therefore request more information regarding the progress of the policy and accompanying legislation.

11.2.

Court modernisation.

The Committee notes that the OCJ reports, once again, that it was unable to roll-out the court online system in two service centres as planned.
We note, however, that piloting has begun in the Johannesburg and Pretoria High Courts from the beginning of the 2022/23 financial year.

11.3.

Employment of women in senior management.

We are pleased that the OCJ is able to report progress concerning the employment of women in senior management even if it has not yet met the target of 50%.

Nevertheless, we will continue to monitor progress going forward.
We are also mindful that promoting gender equality is multifaceted, extending far beyond employing women in senior management positions and includes ensuring a work environment that is appropriately supportive with opportunities for personal development.

11.4.

Employment of persons with disabilities.

The Committee notes that, once again, the OCJ did not achieve its employment targets for persons with disabilities and will continue to monitor progress.
However, as we mention in the paragraph above, the promotion of equality for persons with disabilities is multifaceted, extending beyond employment.

11.5.

Audit outcome.

Although the OCJ achieved an unqualified audit opinion, we are concerned that this outcome is in fact a regression from previous years.

We note the many instances of 18 148 irregular expenditure related to procurement in the ICT environment, mostly as a result of not following the SITA Act and Regulations on procurement processes.
We note also that the Auditor-General identified vacancies in critical occupations that led to a lack of segregation of duties as a root cause.

We discuss the matter of the vacancies below and include reporting requests.

11.6.

‘Caselines’.

We note the Auditor-General’s findings and recommendations concerning the procurement relating to the ‘Caselines’ project.

We have engaged the OCJ on this matter on a number of occasions.

We note that the OCJ reports that the matter is now being litigated.
Concerning its internal investigation, the OCJ reports that it has referred the matter to the Special Investigating Unit to review the contract and for investigation.

We note further that the OCJ anticipates that the internal investigation should be completed shortly and will continue to monitor progress.

11.7.

Vacancies.

We note that although the OCJ reports an overall vacancy rate that is below the 10% norm suggested for the Public Service, vacancies in senior management is much higher at 14.6%.
and we have already remarked that the Auditor-General has identified vacancies in critical positions as contributing to the increase in irregular expenditure.

We, therefore request the OCJ to provide us with a report on its vacancies, particularly those in senior management and in critical occupations, with a recruitment plan, before 31 January 2023.

11.8.

Court modernisation and digital transformation project.
We note that the piloting of the Court Online project was delayed and that the pilot projects began in the Gauteng High Court at Pretoria and Johannesburg at the beginning of the 2022/23 financial year.

We request a fuller explanation of the delay, as well as the progress of the pilot projects, in writing, before 31 January 2023.

11.9.

Court infrastructure and other arrangements.


During our oversight visits we noted various challenges relating to the infrastructure and, more generally, relating to the accommodation arrangements of the Superior Courts that we visited.

We also noted that the Supreme Court of Appeals, like many other courts, experiences load-shedding, which delays proceedings.
We understand that the OCJ has engaged with the SAPS regarding the possibility of listing 19 149 the SCA under critical infrastructure but without success.

We intend engaging with the Minister on this, and other matters that we identified, as soon as the programme permits.

12.

Appreciation 12.1.

The Committee thanks the Secretary-General and the staff of the OCJ for their assistance in this process.

12.2.
12.2.

The Committee also wishes to thank the Auditor-General South Africa for the support it provided to the Committee.

Report to be considered 20 150